Recognition of Business and Economic Interests of Media in Defamation and Privacy Law (2016)
AuthorsCheer, Ushow all
‘We value the freedom of the press but the press is a commercial enterprise and can flourish only by selling newspapers’† This article explores, with particular reference to the law in the United Kingdom and New Zealand, features of the dignity torts, defamation and privacy, which have the potential to recognise and thereby protect the business and economic interests of media. It traverses the development of public interest defences in both torts and examines how the courts carry out the balancing process involved in determining the validity of pleaded public interest defences. In privacy claims, the determination of whether the claimant had a reasonable expectation of privacy impacts greatly on how media may go about the business of newsgathering and publishing. The developing remedial principles in privacy law are also discussed. Finally in defamation, the developing threshold requirement for a plaintiff to show some form of serious harm from published speech is analysed to determine whether it reduces the outlay for media conglomerates from the risk-fraught but central enterprise of publication. Although there appears to be no overt principle governing when business and economic interests are protected within defamation and privacy law, nonetheless, elements of recognition of the need for protection can be detected within these torts.
CitationCheer UJ (2016). Recognition of Business and Economic Interests of Media in Defamation and Privacy Law. Torts Law Journal. 23. 193-208.
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