-46(d) as subordinate publishers, satisfied the requirements of the innocent
dissemination defence both before and after they became aware of
the defamatory content of the offending postings.100
114.
I would accordingly dismiss the appellants’ appeal and make an
order nisi that they pay the respondents’ costs, directing that the parties have
liberty to file written submissions on the question of costs within 14 days from
the date of this judgment.
Mr Justice Litton NPJ:
115.
Mr Justice Ribeiro PJ’s judgment gives a helpful view of how the
law of libel evolved as technology for the transmission of messages advanced.
Over the past fifteen years or so there has been a quantum leap in the
development of the mass media, and the appearance of the “social media”, with
the increasing use of the internet. Even in the traditional realm of radio and
television the focus has shifted: Instead of the operators uniquely controlling
content, the media has become much more interactive, with listeners and
viewers contributing to the content in open discussion.
116.
The public has accordingly greater scope now for freedom of
expression than in olden times: A freedom which the common law protects in
the public interest: see for instance Derbyshire County Council v Times
Newspapers Ltd [1993] AC 534 where the House of Lords held that institutions
of government have no right at common law to sue for defamation in respect of
their public functions: Notwithstanding the fact that Article 10 of the European
Convention for the Protection of Human Rights and Fundamental Freedoms 101
100
Section L above.
101
“Everyone has the right to freedom of expression. This right shall include freedom to
hold opinions and to receive and impart information and ideas without interference by
public authority and regardless of frontiers….” See p.550-F
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