JUDGMENT OF THE COURT
In defamation cases, the court balances between the individual rights and fundamental freedoms of the people guaranteed by the Constitution on the one hand, to a free media and access to information, and on the other hand, the freedom of expression and the individual’s right to access to information. This balance was recognized as long ago as 1891 in the oft-cited case of Bernard and Another v. Perriman (1891-4) ALL E.R 965 where Lord Coleridge, CJ said;
“The right of speech is one which it is for the public interest that individuals should possess, and indeed, that they should exercise without impediment, so long as no wrongful act is done; and unless an alleged libel is untrue there is no wrong committed.”
That was the balance the court below was invited to strike when the respondent, a former Member of Parliament, alleged that the appellant had published during the 9pm news on its television network, the following words regarding the respondent;
“...... Gem Member…