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18 March 2011 / Jenny Afia , Phil Hartley
Issue: 7457 / Categories: Opinion
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Tipping the balance

Deputy prime minister Nick Clegg’s speech, ‘Restoring Civil Liberties’, delivered before an audience of libel reform hopefuls in January...

Deputy prime minister Nick Clegg’s speech, ‘Restoring Civil Liberties’, delivered before an audience of libel reform hopefuls in January, repeated an assertion that has become something of a cliché in discussions of England’s libel laws. He said: “It is a farce—and an international embarrassment—that the American Congress has felt it necessary to legislate to protect their citizens from our libel laws.”

Not so. On the international stage—that is, around the world, not just in America—our libel laws are highly regarded. Indeed they provide the legal model for a majority of common law countries. Constitutionally and philosophically, we are of a different make up from the US. Inscribed in the First Amendment to the United States Constitution is a presumption in favour of freedom of expression. This is alien to our own (and Europe’s) model which strikes a fine balance between the right to reputation in Art 8 of the European Convention on Human Rights (ECHR) and the right to free expression in Art 10. Without

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MOVERS & SHAKERS

Gateley Legal—Jack Kelly

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Gibson Dunn adds employee benefits and executive compensation practice in London with partner Richard Surtees

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NEWS
A series of recent decisions has clarified important principles across property law, from perpetuities to lease renewals and public rights over land
Employers cannot rely on wellbeing services alone to defend workplace stress claims after a High Court decision awarding almost £1m to an overworked employee
Andy Burnham's brand of 'Manchesterism' could offer fresh thinking on legal aid and access to justice if it reaches Westminster, according to Roger Smith, NLJ columnist and former director of JUSTICE
The constitutional fallout from a change of prime minister, rather than the politics, is under scrutiny as questions arise over the limits of executive authority in a leadership transition
The legal profession is undergoing a fundamental shift from selling services to creating technology-enabled products, according to Professor Luke Mason, Head of School of Law at Regent's University London
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