Mangan, David (2017) The Relationship Between Defamation, Breach of Privacy and Other Legal Claims Involving Offensive Internet Content. Project Report. Law Commission of Ontario, Toronto.
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Abstract
When seeking to protect reputation there are different arguments available. The primary route is
defamation because it is the tort that has been devised to protect reputation. Due to its longer
history, defamation also stands out as the mos
t recognisable. This tort has evolved
more recently
.
It is now
discussed as an action that balances reputation and free speech; where
this balance
is
concerned in particular with f
ree speech considerations
that
can
attenuate the recourse an
aggrieved individual may have in bringing a claim
in defamation. The next option seems to be
privacy
-based. An action based upon some form of privacy is likely to be pursued where there
may be
a questionable defamation claim (such
as,
the remarks are within the growing spectrum
of
the defamation defences
such as fair comment or responsible publication
on a matter of public
interest
). The nature of the privacy action is nuanced (more so than defamation with its slander
and libel ele
ments). There are different aspects to priva
cy that are protected
– though they each
have varying levels of strength
in the law. For example, if the aggrieved believes that
information was wrongfully disclosed, an action in breach of confidence may be purs
ued
(in
Canada this has been treated as a hybrid of tort and equity) because the information had been
disclosed in a confidential setting (i.e. not for broadcast to others). Another aspect of privacy is
data protection. This too is a matter of disclosure because it deals with the
propriety of
dissemination of data. It may also include the way in which personal data is processed.
Item Type: | Monograph (Project Report) |
---|---|
Additional Information: | The LCO commissioned this paper to provide background research for its Defamation Law in the Internet Age project. |
Keywords: | LCO; background research; Defamation Law; Internet Age project; Relationship; Defamation; Breach of Privacy; Legal Claims; Offensive Internet Content; |
Academic Unit: | Faculty of Social Sciences > Law |
Item ID: | 10438 |
Depositing User: | David Mangan |
Date Deposited: | 21 Jan 2019 16:58 |
Publisher: | Law Commission of Ontario |
Refereed: | Yes |
Related URLs: | |
URI: | https://mural.maynoothuniversity.ie/id/eprint/10438 |
Use Licence: | This item is available under a Creative Commons Attribution Non Commercial Share Alike Licence (CC BY-NC-SA). Details of this licence are available here |
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