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:
· 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.