The defendant newspaper published a lawful advertisement for an adult internet service featuring, with her agreement, a photograph of a young woman, who very closely resembled the claimant.
Held: The claim in defamation failed. Morland J purported to extend the circumstances in which a defendant could defeat a claim for defamation, relying on Article 10(2) of the Convention, saying that it would ‘place an impossible burden on a publisher if he were required to check if [every] true picture of someone [he published] resembled someone else who because of the context of the picture was defamed’.
Morland J
[2001] EWHC QB 425, [2001] EMLR 943
Bailii
European Convention on Human Rights 10(2)
England and Wales
Citing:
Cited – Hulton and Co v Jones HL 6-Dec-1909
The defendant newspaper published an article describing the attendance at a motor race at Dieppe. It described the antics, intending to refer to a fictitious person, of one Artemus Jones, and said of him that he was ‘with a woman who is not his . .
Cited by:
Cited – Baturina v Times Newspapers Ltd CA 23-Mar-2011
The claimant appealed against directions given in her defamation action against the defendant. It had been said that she owned a house, and the defendant said that this was not defamatory. The claimant said that as the wife of the Mayor of Moscow . .
Lists of cited by and citing cases may be incomplete.
Updated: 27 September 2021; Ref: scu.135469
