Last year I had an article published on the scope of the public authorities rule in the context of Canadian law. In the end, whether the rule prohibiting public authorities from suing should apply to political pressure groups depends on the reasons for having such a rule in the first place. Different rationales have been suggested (chilling effect, nature of a PA's reputation...).
For anyone interested, the link to the SSRN version of my article is Public Institutions as Defamation Plaintiffs by Hilary Young :: SSRN
--Hilary
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From: Andrew Tettenborn <a.m.tettenborn@swansea.ac.uk>
To: "obligations@uwo.ca" <obligations@uwo.ca>
Sent: Sunday, April 23, 2017 7:37 AM
Subject: defamation and politics
An interesting defamation case reported in today's UK media:
https://www.theguardian.com/politics/2017/apr/22/hope-not-hate-suing-nigel-farage-100k-libel-claim-ukip-leader
Essentially a political organisation is suing for large sums in
general libel damages in respect of a statement about its
activities (in this case Hope not Hate is suing Nigel Farage of
the UK Independence Party for a suggestion that it pursues violent
and undemocratic means to power).
Does anyone share my concern that this ought to be regarded as
raising the same issue as Derbyshire CC v Times Newspapers Ltd
[1993] A.C. 534? If it's necessary to prevent public authorities
from suing corporately for defamation in order to protect robust
free speech, then my first reaction is that this ought to apply a
fortiori to political pressure-groups.
Andrew
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Andrew Tettenborn Professor of Commercial Law, Swansea University Institute for International Shipping
and Trade Law
School of Law, University of Swansea Richard Price Building Singleton Park SWANSEA SA2 8PP Phone 01792-602724 / (int) +44-1792-602724 Cellphone 07472-708527 / (int) +44-7472-708527 Fax 01792-295855 / (int) +44-1792-295855 |
Andrew
Tettenborn Athro yn y Gyfraith Fasnachol, Prifysgol Abertawe Sefydliad y
Gyfraith Llongau a Masnach Ryngwladol
Ysgol y Gyfraith, Prifysgol Abertawe Adeilad Richard Price Parc Singleton ABERTAWE SA2 8PP Ffôn 01792-602724 / (rhyngwladol) +44-1792-602724 Ffôn symudol 07472-708527 / (rhyngwladol) +44-7472-708527 Ffacs 01792-295855 / (rhyngwladol) +44-1792-295855 |
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