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In tune with the zeitgeist?

06 January 2011 / Clare Arthurs , Daniel Bekos
Issue: 7447 / Categories: Opinion , Defamation , Freedom of Information
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In recent years, there have been repeated calls for reform of corporate defamation law by those who are concerned about its “chilling effect” on freedom of speech

Libel law aims to balance freedom of expression and public information against protection of private reputations, be they individual or corporate. In recent years, there have been repeated calls for reform of the law by those who are concerned about its “chilling effect” on freedom of speech. One influential proposal comes from Lord Lester’s Private Members Bill, the Defamation Bill 2010. The Bill has seen approval from the government, which is taking his proposals into account in producing their own Bill early this year.

Traditionally, the courts have recognised the fact that corporations have reputations which need to be protected. The current position, confirmed in the case of Jameel v Wall Street Journal, is that a corporation does not need to prove actual damage; it is enough that the libel injures the company’s reputation in the way of its trade or business. This principle has also been applied to cases involving non-trading or

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