(Dominica) The importance of telecommunications in today’s society meant that it would be an infringement of the right of freedom of expression guaranteed under the constitution to grant a monopoly right to provide such services within a nation. Interference with the provision of a telecommunications service can amount to interfering with the freedom of expression of those who would wish to use that service. The court must then decide whether such a restriction was reasonably required in a democratic society, to protect the rights and freedoms of others. It then fell to the challenger to show that it was not reasonably justifiable in a democratic society.
Judges:
Lord Cooke of Thorndon
Citations:
Times 09-Jan-2001, [2000] UKPC 42, [2001] 1 WLR 1123
Links:
Cited by:
Cited – Benjamin, Vanderpool and Gumbs v The Minister of Information and Broadcasting and The Attorney General for Anguilla PC 14-Feb-2001
PC (Anguilla) A first non-religious radio station had been formed, but came to include much criticism of the government. One programme was suspended by the government. The programme makers complained that this . .
Cited – George Worme Grenada Today Limited v The Commissioner of Police PC 29-Jan-2004
PC (Grenada) The defendant was editor of a newspaper which carried a story severely defamatory of the prime minister. He was convicted of criminal libel, and appealed.
Held: The appeal was dismissed. The . .
Cited – Observer Publications Limited v Campbell ‘Mickey’ Matthew The Commissioner of Police and The Attorney General PC 19-Mar-2001
PC (Antigua and Barbuda) The claimant complained of the delay by the respondents in processing their request for a licence to run a radio station. It appealed refusal of constitutional redress and thta its right . .
Lists of cited by and citing cases may be incomplete.
Media, Human Rights, Commonwealth
Updated: 01 June 2022; Ref: scu.159430
