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Ashdown v Telegraph Group

[2002] RPC 235

Case summary last updated at 29/01/2020 18:40 by the Oxbridge Notes in-house law team.

Judgement for the case Ashdown v Telegraph Group

Facts above. D also claimed that publication of memorandum was in public interest, and that this defence had to be interpreted in light of ECHR Article 10 (right to freedom of expression). Held:
 
Public Interest
·        Definition of public interest defence in Hyde Park Residence was TOO NARROW.
Ø  i.e. in that it confined test to where there had been serious wrongdoing on behalf of C
·        Rather the circumstances are “not capable of precise categorisation or definition”
·        Public interest defence should be interpreted broadly in light of Article 10 ECHR.
·        Thus public interest in right to freedom of expression may trump copyright
Ø  However such instances will be “rare”.
 
Freedom of Expression (Article 10 ECHR)
 
·        See notes.

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