End of the road for libel tourism?

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  • "Nevertheless, freedom of expression is the bedrock of democracy and every measure (however political) should be taken to protect that fact."

    Every measure should be taken to protect freedom of expression? This would result in a terrible democracy. It would be a country where we were free to incite racial hatred, to defame innocent parties and newspapers and media outlets could report on the most intimate details of your private life.

    Freedom of Expression is a qualified right under the ECHR meaning that it must be balanced against other rights.

    Jack Straw sucking up to the media and the biased reporting as exampled above is the greater affront to democracy.

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  • Completely agree with the above poster - Article 10 (freedom of expression) has repeatedly been weighed against Article 8 (right to respect for private and family life) in numerous high-profile cases (including John Terry's), and indeed it has been explicitly held that neither Article takes automatic precedence; see Re S (A Child) (Identification:Restriction on Publication) [2004] UKHL 47, at 17.

    Put simply, privacy is just as important as freedom of expression, and the balancing act can only be made on the circumstances of each individual case.

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