Cases

O'Shea v MGN Limited

Held

Dismissing the action: (1) The reference contention was arguable on the facts. (2) As a matter of precedent, the claim was not distinguishable from the well known cases in which defendants had been held liable for innocently referring to a claimant, when aiming their words at others of the same or similar name or characteristics. However, there was a difference between words and images, and the interference with freedom of expression which would exist if the rule applying to words was extended to look-alike cases was not justifiable under Article 10(2) ECHR.

Also