I was at the UK Supreme Court yesterday to hear the judgment in Lachaux v. Independent Print Ltd and another. It was a significant challenge to section 1 of the Defamation Act 2013, which long-term readers of this blog will recall was the (successful) end result of English PEN’s Libel Reform Campaign. Section 1 of the law introduced a test of ‘serious harm’ before a claimant could sue. It was designed to expand the space for free speech by weeding out trivial claims.
A statement is not defamatory unless its publication has caused or is likely to cause serious harm to the reputation of the claimant.
Before I mire myself in questions of when and whether to publish shocking images, I should—must—begin by writing about the fact of Aylan Kurdi’s drowning and the refugee crisis in general. If the central argument for publishing an image of a dead boy is that it ‘gets people discussing the issues’ then I think I have an obligation to do so, even if these thoughts have been stated earlier and more eloquently, elsewhere. Continue reading “On the ethics of publishing the photo of Aylan Kurdi”