Saracens Blog

Posts Tagged ‘common law’

Parliamentary privilege under the Defamation Act

Parliamentary privilege is the protection provided to Members of Parliament against the action for defamation under the Defamation Act 1996. This defence is not contained in the Defamation Act 1996, but rather is enshrined in common law. There is a […]

Qualified Privilege under the Defamation Act 1996

The defence of qualified privilege is governed by common law as well as the Defamation Act 1996. The Defamation Act 1996 provides a statutory qualified privilege for material which is of public interest and concern.  This is governed by section […]

The Defamation Act and the Reynolds principle

The law recognises that there are circumstances where it is in the public interest to permit greater freedom of speech. Qualified privilege exists as a defence under the Defamation Act 1996 because the law accepts that there are occasions when […]

Why do we have a Defamation Act?

Although it is accepted in a democratic society that individuals have a right to express their own views, this very right to freedom of expression can be abused and used to injure the reputation of others. This is why we […]

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