Freedom of the Media, Defamation and Reputational Interest - Essay Example

Download file to see previous pages Press freedom in the UK is quite dissimilar to that which is present in the United States (US). The US and UK laws on defamation have evolved with the US disregarding the common law principles and finding their way of dealing with defamation cases and redefining the freedom of expression. There is an obvious tension that exists when it comes to press freedom and the state, that is the state or government is often ready to invoke measures that limit media freedom based on different excuses.

Even though there are a plethora of laws in international law that prohibits the suppression of freedoms of speech, right to information, and press freedom, there is always a way in which the state can legislate on media freedom and that is in regards to defamation and the protection of the reputation of an individual. It is difficult to determine which right objectively overrides the other which is protecting reputation or guaranteeing the right to information, free speech, and media freedom.

This paper focuses on the freedom of the media regarding defamation or reputational interest. It pays due regard to media freedom in England and Wales and it compares this practice with the USA jurisdiction regarding media freedom, defamation, and reputation. The paper highlights the nature and role of the importance of the freedom of the media within these jurisdictions, the international perspective of human rights jurisprudence, and the legal and cultural aspects of the freedom of the media. It also focuses on areas that need reform regarding comparative analysis with the US.

Defamation or Reputation Interest
Defamation is defined as the intentional communication of a falsehood about an individual to someone other than the person, which has the impact of injuring the reputation of that person. Two forms of defamation are libel (written or published defamation) and slander (oral defamation).  The difference that exists in these two forms of defamation is that libel is actionable per se, however for a claimant to successfully sue for slander one must prove damage except in instances where the allegation is that the claimant committed an offense punishable by imprisonment, the claimant suffered from a contagious disease, the imputation that a woman has committed adultery or that the claimant is unfit to carry on with his trade. ...Download file to see next pages Read More