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Mr O'Brien may justifiably claim a right to reputation, but the right of the press to report parliamentary proceedings is paramount in a functioning democracy," Reidy said.
He gives the example of the invention of a right to reputation and the its definition of privacy which is "little better than psycho-babble" and which has encouraged our judges to grant "super" and "hyper" injunctions (which, it should be mentioned, themselves may have been hyped up).
Surely, in balancing our right to reputation against the right to freedom of expression, it makes sense to draw the line in a way that simply requires journalists to adhere to those standards that are part of their professional ethics anyway.
The article offers a comprehensive review of the status of the right to freedom of speech, anonymity and the right to reputation in Israel, the considerations for and against the imposition of liability on website owners and the latest case law on these questions.
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This chimes with Harvard cyberlaw expert Jonathan Zittrain's idea that we should have a right to declare reputation bankruptcy – ie to have certain aspects of one's digital past erased from the digital memory.
Reversing the burden of proof would mean that at a stroke, every citizen of this country would lose their right to their reputation; would have to restore it, if attacked, by proof in court.
According to Globes Online, Google had initially said that "disclosing the blogger's identity violated rulings on the balance between freedom of expression and a person's right to his reputation," so what changed?
It cannot be disputed that O'Brien has a right to defend his reputation.
When someone makes false personal allegations that impugn a person's character or integrity, the victim has the right to vindicate his reputation.
When someone makes false and malicious personal allegations that impugn a person's character or integrity, the victim has the right to vindicate his reputation, whether he is an ordinary citizen or the prime minister.
In a letter seen by MediaGuardian.co.uk but not yet published, Sands retorts: "I was removed because I was not to the taste of men such as Andrew Neil but he has no right to trash my reputation".
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Justyna Jupowicz-Kozak
CEO of Professional Science Editing for Scientists @ prosciediting.com