More serious harm than good? An empirical observation and analysis of the effects of the serious harm requirement in section 1(1) of the Defamation Act 2013
{"title":"More serious harm than good? An empirical observation and analysis of the effects of the serious harm requirement in section 1(1) of the Defamation Act 2013","authors":"Charlie Sewell","doi":"10.1080/17577632.2020.1776560","DOIUrl":null,"url":null,"abstract":"<p><b>ABSTRACT</b></p> <p>This article empirically analyses the judicial construction of section 1(1) of the Defamation Act 2013 within the first five years of the serious reputational harm threshold coming into operation. The relevant judgments considering serious harm have been carefully examined and dissected with a qualitative analysis approach, in which prominent themes and factors discussed in judicial interpretations have been distilled and evaluated. To this pursuit, the analysis investigates the evolution of judicial opinion in the development of section 1(1), exhibiting the merits of a multi-circumstantial approach in assessing the existence or likelihood of serious reputational harm in line with the leading Supreme Court construction of the serious harm test.</p>","PeriodicalId":37779,"journal":{"name":"Journal of Media Law","volume":null,"pages":null},"PeriodicalIF":0.0000,"publicationDate":"2020-06-11","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":null,"platform":"Semanticscholar","paperid":null,"PeriodicalName":"Journal of Media Law","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1080/17577632.2020.1776560","RegionNum":0,"RegionCategory":null,"ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"Social Sciences","Score":null,"Total":0}
引用次数: 0
Abstract
ABSTRACT
This article empirically analyses the judicial construction of section 1(1) of the Defamation Act 2013 within the first five years of the serious reputational harm threshold coming into operation. The relevant judgments considering serious harm have been carefully examined and dissected with a qualitative analysis approach, in which prominent themes and factors discussed in judicial interpretations have been distilled and evaluated. To this pursuit, the analysis investigates the evolution of judicial opinion in the development of section 1(1), exhibiting the merits of a multi-circumstantial approach in assessing the existence or likelihood of serious reputational harm in line with the leading Supreme Court construction of the serious harm test.
期刊介绍：
The only platform for focused, rigorous analysis of global developments in media law, this peer-reviewed journal, launched in Summer 2009, is: essential for teaching and research, essential for practice, essential for policy-making. It turns the spotlight on all those aspects of law which impinge on and shape modern media practices - from regulation and ownership, to libel law and constitutional aspects of broadcasting such as free speech and privacy, obscenity laws, copyright, piracy, and other aspects of IT law. The result is the first journal to take a serious view of law through the lens. The first issues feature articles on a wide range of topics such as: Developments in Defamation · Balancing Freedom of Expression and Privacy in the European Court of Human Rights · The Future of Public Television · Cameras in the Courtroom - Media Access to Classified Documents · Advertising Revenue v Editorial Independence · Gordon Ramsay: Obscenity Regulation Pioneer?
求助内容：
应助结果提醒方式：
京公网安备 11010802042870号
