Case Law: Journalistic responsibility and defamation, 3 recent cases in the ECHR – Hugh Tomlinson QC « Inforrm’s Blog

Three recent judgments in the Court of Human Rights illustrate the increasing importance of the concept of “journalistic responsibility” in defamation cases considered from the perspective of the right to freedom of expression.  Where a publication deals with a matter of proper public concern a court must to consider these issues of responsibility and there will be a breach of Article 10 if it fails to do so.  On the other hand, even if a journalistic takes proper steps to investigate the truth of a story, damages for defamation may still be appropriate if the publisher misrepresents the facts which have been established.

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