Cases

O'Shea v MGN Limited

Comment

This was probably the first libel case in which the HRA made a difference to the outcome. There was high authority that innocence is no defence, where defamatory words are reasonably read by others as referring to the claimant. But there was scant authority worldwide on the application of such rules where appearance or images are concerned. The judge accepted that the risks, and the opportunities to guard against them, differ in principle in the case of appearance and images. Some commentators were unpersuaded of the validity of the distinction, but modern society does recognise a clear distinction between different modes of communication, and even now it is true to say that a person's appearance is largely outside his control.

Areas of work

Defamation
Human Rights
Media Law
Publishing

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