Defamation Outside Reputation: Proposals for the Reform of English Law

18 Tort Law Review (2010), pp 113-9

U. of Edinburgh School of Law Working Paper No. 2011/41

14 Pages Posted: 25 Nov 2011 Last revised: 14 Feb 2014

See all articles by Eric Descheemaeker

Eric Descheemaeker

University of Melbourne - Law School

Date Written: November 25, 2011

Abstract

The view that the wrong of defamation protects the interest in reputation, and nothing but that interest, is ordinarily taken for granted in modern English law. It is, however, incorrect. This paper gives four examples of ways in which the English law of defamation has strayed into the protection of other interests, in particular privacy, self-worth and wealth. They are: the supplementary tests of defamatoriness (the ridicule test and the ‘shun and avoid’ test); s. 8(5) of the Rehabilitation of Offenders Act 1974; the rule that slanders are not ordinarily actionable without proof of ‘special damage’; and, finally, the compensation of losses consequential upon the injury to reputation. It is argued that these are all unwarranted and ought to be reformed.

Keywords: Defamation, reputation, English law, law reform

Suggested Citation

Descheemaeker, Eric, Defamation Outside Reputation: Proposals for the Reform of English Law (November 25, 2011). 18 Tort Law Review (2010), pp 113-9, U. of Edinburgh School of Law Working Paper No. 2011/41, Available at SSRN: https://ssrn.com/abstract=1964617 or http://dx.doi.org/10.2139/ssrn.1964617

Eric Descheemaeker (Contact Author)

University of Melbourne - Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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