The Impact of the Human Rights Act 1998 on the Law of Libel

• Main Author: Barendt*, Eric
• Format: Book Part
• Language: unknown
• Published: Oxford University PressOxford 2002
• Subjects: Tromso
• Online Access: http://dx.doi.org/10.1093/oso/9780199245840.003.0008; https://academic.oup.com/book/chapter-pdf/52161254/isbn-9780199245840-book-part-8.pdf

Abstract The impact of incorporation of the European Convention on Human Rights (ECHR) on the protection of privacy has been much discussed in both the press and legal commentary. In particular, the question whether the Human Rights Act (HRA) 1998 compels recognition of a privacy right against the media has been exhaustively analysed.1 This is rather odd, since the European Human Rights Court in Strasbourg has never pronounced on the scope of a privacy right against the media, let alone balanced it against the right to freedom of expression guaranteed by Article 10 of the ECHR. In contrast, the repercussions of incorporation for libel law have largely been ignored, although several major rulings of the Strasbourg Court have concerned defamation. It will be argued in this article that some of them, notably the recent rulings in Bladet Tromso 2 and in Bergens Tidende ,3 may carry significant implications for libel law.