Libel
Its Purpose and Reform
Bibliographic Data
| ID | 9193397 |
|---|---|
| Authors | David Howarth (0000-0003-2697-165X, Clare College, Cambridge, corresponding author) |
| Year | 2011 |
| Volume | 74 |
| Issue | 6 |
| Pages | 845-877 |
| Publication date | 2011-11-01 |
| Peer Reviewed | Yes |
| Open Access | Yes |
| Type | ARTICLE |
| Venue | Modern Law Review (JOURNAL) |
| Journal identifiers | ISSN: 0026-7961 • E-ISSN: 1468-2230 |
| Publisher | Wiley (PUBLISHER • GB) |
| DOI | 10.1111/j.1468-2230.2011.00875.x |
| OpenAlex | W1603486920 |
| Language | EN |
| Citations received | 2 |
| References cited | 66 |
Discussion of libel often fails to define defamation law's purpose and thus properly to assess its value. This article argues that defamation's purpose relates to fundamental human interests in sociality, directly linked to important aspects of human health and well‐being. Protecting such interests is arguably required by the right to private life under ECHR article 8 and should not count as a violation of the right to freedom of speech. Some current reform proposals are criticised as failing to appreciate the importance of protecting sociality. ‘Business’ libel, however, often protects not sociality but purely economic interests. The article therefore argues that the protection of libel law, as opposed to that offered by malicious falsehood and the economic torts, should be withdrawn from purely economic reputation, starting with removing the rights of corporations to sue in defamation, a position compatible with the ECtHR 's decision in K arako v H ungary
Business · Human rights · Law and economics · Political science · Position (finance) · Reputation · Sociality · Sociology · Value (mathematics) · Cybercrime and Law Enforcement Studies · Freedom of Expression and Defamation · Law · Privacy, Security, and Data Protection
Justice as Fairness
Getting a Job
Structural Holes
Social Support and Health
The value of examinations as determining a teacher's fitness for work
Contingencies of Self-Worth
Bowling alone
Social Relationships and Mortality Risk
On Freedom of Expression
A Theory of Justice
The Difficulty of Tolerance
Is There a Right of Freedom of Expression
Social Networks and Status Attainment
Work Life and Social Fulfillment
Libel Tourism’ and Conflict of Laws
What Conversation? Free Speech and Defamation Law
A Tort‐Based Approach to Damages under the Human Rights Act 1998
How low can you go? Ostracism by a computer is sufficient to lower self-reported levels of belonging, control, self-esteem, and meaningful existence
Yes, cavalier attitudes can have pernicious consequences
The Oxford History of the Laws of England
The principles of psychology
Self-esteem as an interpersonal monitor
The Social Foundations of Defamation Law
Resources and Relationships
The Costly Pursuit of Self-Esteem
The Strength of Weak Ties
Reputation and Efficiency in Social Interactions
The Strength of Weak Ties
| Unique citing works | 2 |
|---|---|
| Citations per year | 0.18 |
| Citation span | 2015 - 2017 (3) |
| Citation velocity | historical |
| Highly cited | No |
| Citation types | Neutral: 2 |