ABSTRACT

Freedom of expression entails many aspects: an individual’s freedom to express any view he or she wishes, however offensive to others, in private or public; freedom of the press to express any view; freedom of authors to write and publish; and freedom of film makers to record and distribute films/videos for private and public consumption. In the United Kingdom, before the Human Rights Act 1998 there was no right to free speech but, in a negative way, there was a freedom of expression subject to the limitations imposed by law. Freedom of expression is now regulated under Article 10 of the European Convention on Human Rights, incorporated into domestic law under the Human Rights Act 1998. Defamation – slander or libel – may be defined as the publication, whether oral or written, of a falsehood which damages the reputation of the person concerned and lowers the victim’s reputation in the eyes of ‘right thinking members of society generally’.