Freedom of the Press and Prior Restraint

Smith, A. T. H.

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Freedom of the Press and Prior Restraint

(2005) 64 CLJ at 4

5 Pages Posted: 4 Feb 2014

See all articles by A. T. H. Smith

A. T. H. Smith

Victoria University of Wellington, Te Herenga Waka - Faculty of Law; University of Cambridge

Date Written: 2005

Abstract

This article outlines the House of Lords decision relating to Cream Holdings Ltd v. Banerjee. The issue was whether the court should restrain publication of certain material and the interlocutory stage, and the article focuses on this and the role of section 12(3) of the Human Rights Act 1998. The House did not discuss how the Act might apply in the different context of defamation, but this soon became relevant in the case of Green v Associated Newspapers Ltd, which the article also discusses.

Abstract by Rose Goss.

Keywords: Freedom of the press, publication of material, 12(3) Human Rights Act 1998, likely, defamation, Green v. Associated Newspapers Ltd

JEL Classification: K1

Suggested Citation: Suggested Citation

Smith, A. T. H., Freedom of the Press and Prior Restraint (2005). (2005) 64 CLJ at 4, Available at SSRN: https://ssrn.com/abstract=2390460