Is there a route to justice for victims of internet libel, asks Peter Thompson QC
It is not just celebrities; and it is not just newspapers. Lord Justice Leveson stressed that ordinary members of the public are often the objects of unfair scrutiny and unwelcome publicity in the media and are not well placed to assert their rights in a court of law. He recommended an arbitration service to provide redress for those who have suffered unfairly. It might work, but it might not even be implemented. Is there some other route to justice?
There is, of course, a civil remedy for defamation; and a remedy for breach of privacy is developing fast. But both have been developed out of case law, which has led to the creation of sophisticated concepts like privileged occasions, publication in permanent form, and fair comment. There are many ways in which a case built on a blatantly defamatory statement can fail. With privacy the problems are of the opposite kind: the claimant needs exactly the right mix of legal rights, equitable remedies and continental jurisprudence to get
