Wednesday, February 5, 2020
The law of defamation in england and wales works to protect Essay
The law of defamation in england and wales works to protect corporations and individuals from unfair and unjust statements which unfairly damage their reputatio - Essay Example The law of defamation is the product the attempts of jurists of different historical time frames, attempting to balance two diametrically opposing tendencies, namely, the safeguard of the esteem of individuals while ensuring the freedom of speech in the available channels of expression. This has been a tricky business in United Kingdom and reforms in the past have been only window dressing. After the enactment of the Defamation Act of 1952 it took over four decades for attempting a major change in this direction, with the institution of the Defamation Act of 1996. The drafting of 1996 Act is necessitated by the spurt of the media and their global nature. The huge compensations which individuals are able to get from the press and electronic media for cases involving the reputation of individuals was not conducive to the development of the freedom of the media in the age of free information. Though, it is a subject under the purview of the law, its ramifications are huge on the functioning of the media, discouraging legitimate investigative journalism and open criticism of public policy. Since media today is international in production and dissemination, the British law can become a stumbling block in the international freedom of press. Magazines, newspapers and broadcast though might have originated elsewhere might create unforeseen legal consequences if any of the stories are defamatory in nature when they are circulated in Britain or broadcast through British stations. Globalization has produced a crisis in the tendency of the state to control the media. Broadcasting is the central channel in the formation of opinion in the globalized world. The rapid progress in technology increased the possibility of sending news and view across the globe. The British broadcasting industry is a predominantly a state affair in spite of the much trumpeted independence and autonomy. The defamatory Act if pursued vigorously
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