"Ashdown Vs Telegraph"

Paper Summary:

This paper discusses the significance of the cases of "Ashdown vs The Telegraph Group" and "Hyde Park vs Yelland" and how they prove that public interest defence is very much limited by the courts, although still applicable in 'rare circumstances'.

From the Paper:

"By comparison in Hyde Park v. Yelland the decision of the Court of Appeal stated that there was no demonstrable public interest defence to a copyright claim in that specific instance. But it has been observed that the suggested requirement that there must be a public interest in publication would not, in fact, have been met in several previous cases where the defence has ultimately succeeded. Notably, in BBC v British Sky Broadcasting, the defence did hold, but it is difficult to see convincing justification of public interest over an issue of football match highlights. This example undermines the court's assertion that a public interest in publication must exist before a fair dealing defence can succeed. "

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