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The shifting landscape of Article 8



Public, Staff, Students, Academics

Speaker: Professor Tanya Aplin

Series: The City Law School research seminars

Professor Tanya AplinStrasbourg jurisprudence recognises that Article 8 ECHR embraces reputation, although the reasons why this is the case and the circumstances in which Article 8 will be engaged by harm to reputation have not been properly articulated by the court. This paper makes an effort to critique and clarify the Strasbourg case law, both in terms of its theoretical and doctrinal coherence. It also explores the consequences of Article 8 protecting reputation, as opposed to reputation simply being protected by Article 10(2). In particular, the paper considers whether we can expect to see a shift in the analytical framework of defamation law, to resemble the 'balancing exercise' that has thus far been developed for privacy protection. To the extent that the existing analytical framework of defamation remains in place, the paper also examines whether existing principles, such as the 'serious harm' requirement for corporations and the truth and honest opinion defences, and procedural rules, such as those governing interim injunctions, need to be adapted. Further, it considers the extent to which cross-fertilisation of principles may occur from defamation to privacy law, such that a 'responsible journalism' defence is developed in the action for misuse of private information.

Professor Tanya Aplin teaches IP law at King's College London. She specialises in the area of Intellectual Property Law, having joined the Dickson Poon School of Law in September 2002 as a Lecturer. She was previously a Lecturer in Law at Robinson College, Cambridge (2000-2002), and a Research Fellow at Murdoch University (1997-1999). Professor Aplin graduated from Murdoch University, Western Australia with LLB and BA degrees (1994) and from the University of Oxford with a BCL (1997) and D Phil (2002). She has been a visiting scholar at Boalt School of Law, UCB (2006); a Distinguished Visiting Scholar at the TC Beirne School of Law, University of Queensland (2009); a Senior Visiting Fellow at the School of Law, University of New South Wales (2009, 2013) and a Senior Fellow at Melbourne Law School, University of Melbourne (2013). Professor Aplin has also been a visiting lecturer on numerous law programmes, including those offered by the IP Academy Singapore, Pepperdine School of Law, Loyola Law School, Los Angeles, Melbourne Law School and Turin Law School. She was formerly Head of Education in the School of Law (2008-2012) and is presently Director of the King's Postgraduate Diploma/MA in UK, EU and US Copyright Law and Director of the King's LLM in Intellectual Property and Information Law.

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When and where

1.00pm - 3.00pmWednesday 5th March 2014

AG02 College Building City, University of London St John Street London EC1V 4PB United Kingdom

Contact Details

Dr Enrico Bonadio

Senior Lecturer in Law

City, University of London
Northampton Square
United Kingdom
020 7040 8263

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