-42reasonable time after they became aware of them was plainly open to them and
is a conclusion equally pertinent to the standard of reasonableness discussed in
Section L above. The promptness with which the respondents took down the
offending postings justifies the finding that they acted properly in accordance
with that standard. I therefore conclude that the respondents made good the
innocent dissemination defence in respect of the defamatory postings both
before and after they came to know of their existence. The appellants’ appeal
must therefore be dismissed. However, before leaving this judgment, I wish to
deal with aspects of the argument advanced at the hearing concerning the
constitutional right to freedom of expression in the present context.
N.
The constitutional right to freedom of expression
104.
It is somewhat to state the obvious to point out that the law has
always required a balance to be struck between the right to freedom of
expression on the one hand, and the right to have one’s reputation protected
against defamation on the other. The rights on both sides of that balance are
constitutionally recognized in Hong Kong.90
105.
Mr Thomas, however, argued that such balance does not come into
the picture in the present case. He submitted that there is no question of
restricting freedom of expression on the part of the originators and the
respondents since they have fully exercised that freedom in publishing the
defamatory statements. He cited Lord Hobhouse of Woodborough in Reynolds
v Times Newspapers Ltd,91 for the proposition that:
“There is no human right to disseminate information that is not true. No public
interest is served by publishing or communicating misinformation. The working of a
democratic society depends on the members of that society, being informed not
misinformed. Misleading people and the purveying as facts statements which are not
true is destructive of the democratic society and should form no part of such a society.
90
Basic Law, Article 27 and Bill of Rights, Article 16.
91
[2001] 2 AC 127 at 238.
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