Is there an appropriate balance between the right to protect your Essay

Is there an appropriate balance between the right to protect your reputation with the law of defamation and the right to free speech - Essay Example Obviously democratic societies benefit from free and open speech as well as providing compensation for those who are injured by false damaging statements. However, the law of defamation allows for â€Å"remarkable restriction of the freedom to speak and write.†1 This point is amply substantiated by the evaluating the law of defamation and the right to free speech with particular emphasis on how the courts have protected the reputation of the individual The English law of defamation is decidedly complicated.2 The complexities stem from a variety of technical and detailed rules contained in both common law principles and legislative provisions.3 Moreover, the common law has been modified by the Defamation Act 1952 and the Defamation Act 1996 and by the European Convention on Human Rights and Fundamental Freedoms which have been indorsed by the Human Rights Act 1998.4 Under English law defamation can be founded by virtue of either libel or slander.5 Libel typically refers to the print form although libel does not necessarily require that it was committed by word.6 For instance in Monson v Tussauds Ltd a wax effigy was held to be sufficient to substantiate a libel.7 Ultimately, the libel is required to be such that it makes permanent imputations against the character of another8. Common forms of libel are usuall published by television broadcasts, newspapers, video and audio recordings.9 Slander, however can be made by virtue of non-permanent forms and is typically committed by word of mouth. A claim in slander requires that the plaintiff prove special damages unless the alleged slander is founded on one of the following grounds: Be that as it may, the plaintiff is at liberty to lodge a complaint with the court and the defendant is required to prove that the statement is true.12 The fact that the plaintiff is at liberty to lodge a complaint so easily, speaks to the strict protection of individual reputations under