THE HONOURABLE MR JUSTICE TUGENDHAT

Description

This from the recent case of the Law Society against Kordowski.  The judge suggesting that harrassment laws can be used as an alternative to libel (i.e where the comments posted about a solicitor are the truth)  So free speech can be shut down by threatening harrassment laws for reporting the truth.  Using this logic the Yorkshire Ripper could claim harrrassment if I write that he murdered several woman.

The judge:

133. Even if there were evidence that the allegations were true, the conduct of the Defendant could still not even arguably be brought within any of the defences recognised by the PHA. No individual is entitled to impose on any other person an unlimited punishment by public humiliation such as the Defendant has done, and claims the right to do. His conduct is a gross interference with the rights of the individuals he names.

Mr Kordowski’s reply published on a site following the hearing:

Mr Kordowski continued : “My argument was (and still is) that the current libel laws are sufficient to protect the defamed. However, Justice Tugendhat states that even if I could prove that every single listing was true and justified or of honest opinion that harassment & data protection laws supersede the current libel laws. Which is quite simply outrageous.”

I do have some respect for this judge because overall his judgements have been good.  Therefore rather than a cowboy judge this is more of a ‘cowboy judgement’ which nevertheless should still come unders scrutiny for the wrong reasons.