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This paper considers the evolving interrelationship between defamation actions and misuse of private information actions. Cases analyse whether the same set of facts might give rise to parallel actions.
In comparing the two actions, the author considers that privacy actions are tortious rather than equitable.
Recent Strasbourg cases analyse whether corporations can rely on ECHR Article 8 in privacy cases which has proved controversial whereas corporations can sue in defamation. The application of ECHR Article 10 to natural and legal persons is more straightforward in both cases.
How the Article 8 and 10 balance is struck and the role played by public interest is crucial. The Strasbourg decision in Axel Springer applies the same criteria to both.
The availability of remedies and defenses are also compared.
Both torts protect different aspects of reputation and they should be seen as separate but overlapping. Recent developments are bringing them closer together.
Sarah Gale is a LLB Solicitor who teaches EU, Tort and Media Law at City Law School. Sarah's research interests predominantly involve defamation.
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When & where
1.00pm - 3.00pmWednesday 25th October 2017
CLS Research Events