O'Shea v. MGN Ltd and others [2001] EWHC QB 425 (4th May, 2001)

O'Shea v. MGN Ltd and others [2001] EWHC QB 425 (4th May, 2001)

The strict liability principle in defamation does not extend to cases where the defamatory material consists solely of a 'look-alike' photograph of another person, as applying strict liability in such circumstances would be a disproportionate and unjustifiable interference with freedom of expression under Article 10 ECHR. There is no pressing social need for such an extension, and alternative remedies such as malicious falsehood are available for deliberate misuse.

Citation
[2001] EWHC QB 425
Parties
Claimant: Kerry O'Shea; First Defendant: MGN Ltd; Second Defendant: Free4Internet.Net Limited
Jurisdiction
England and Wales
Procedural Posture
Defamation Claim (libel) / Judgment on Legal Sufficiency/strike Out Application
Outcome
Claim dismissed
Legal Topics
Strict Liability in Defamation, Identification by Look Alike Photograph, Freedom of Expression Under Article 10 ECHR, Objective Test for Reference in Libel, Offer of Amends Procedure
Defamation Media Law Human Rights Strict Liability in Defamation Identification by Look Alike Photograph Freedom of Expression Under Article 10 ECHR Objective Test for Reference in Libel Offer of Amends Procedure

Case Brief

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Parties

Kerry O'Shea

Claimant

MGN Ltd

First Defendant

Free4Internet.Net Limited

Second Defendant

Procedural Posture

Defamation Claim (libel) / Judgment on Legal Sufficiency/strike Out Application

Legal Issues

  1. 1 Whether a claimant can succeed in libel where the defamatory material consists of a 'look-alike' photograph not of the claimant but of another person
  2. 2 Whether the strict liability principle in defamation applies to 'look-alike' situations
  3. 3 Whether applying strict liability in such cases is a disproportionate interference with freedom of expression under Article 10 ECHR

Ratio Decidendi

The strict liability principle in defamation does not extend to cases where the defamatory material consists solely of a 'look-alike' photograph of another person, as applying strict liability in such circumstances would be a disproportionate and unjustifiable interference with freedom of expression under Article 10 ECHR. There is no pressing social need for such an extension, and alternative remedies such as malicious falsehood are available for deliberate misuse.

Court Disposition

Claim dismissed

Orders

  • Claim struck out as having no realistic prospect of success as a matter of law