Sentences with phrase «public interest defence»

The government has recognized the harmful effects of UK libel laws on science and medicine and proposes introducing a statutory public interest defence.
Reform that makes it less easy to use the law as a tool of intimidation and that introduces a robust public interest defence will be of critical importance for the future open discussion of issues of scientific concern.
The court said that there is a balancing public interest defence against deletion, especially if the individual is involved in public life — but how can the search provider know for sure?
Yet in McKennitt we saw the possibility that the traditional public interest defence could become identified with a defendant's Art 10 rights in a misuse of private information claim.
Defendants should beware the application of the higher public interest defence.
The draft bill also includes a public interest defence, which will help scientists.
Holman J came to that conclusion notwithstanding that, in Eisai, counsel for NICE had conceded (Eisai, [59]-RRB- that, in any action against it for breach of confidence in respect of such a disclosure, a public interest defence would be available to it if fairness required that the information be disclosed.
The case gives rise to a number of interesting libel law questions and casts doubt on the appropriateness of a proposed new «public interest defence».
But allows for the public interest defence, under which «the PCC will consider the extent to which material is already in the public domain, or will become so».
There is an interesting statement by managing editor, David Dinsmore, quoted on the BBC News website: «There is a public interest defence and part of that public interest defence is that if this thing has got so much publicity elsewhere that it would be perverse not to do it then that is acceptable and there is Press Complaints Commission (PCC) case law on that basis.»
In traditional breach of confidence claims, the public interest defence will only succeed if the disclosure is «required» in the general interest.
However, the risk of equating the public interest defence too closely with Art 10 rights remains and the reason is, again, von Hannover.
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