Public Law: Defamation's Balance and Environmental Protection

This essay provides an analysis of public law, focusing on two key areas: defamation and environmental protection. The first task examines the extent to which defamation law strikes a balance between protecting individual reputation and allowing freedom of expression by the press, referencing the Defamation Act 2013 and relevant case law. It discusses the elements of a defamation lawsuit, the 'public interest safeguard,' and protections for journalists. The second task presents a case study based on the Environmental Protection Act 1990, focusing on plastic recycling and the challenges faced by a nature reserve trust (NRT) in relation to proposed recycling plants. It explores issues related to licensing, public awareness, and judicial review, highlighting the importance of balancing economic growth with environmental concerns. The essay concludes by emphasizing the need to protect reputations from unfair attacks and the importance of recycling for environmental sustainability.

PUBLIC LAW
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INTRODUCTION...........................................................................................................................3
TASK 1............................................................................................................................................3
To what extent does the law on defamation strike a just balance between protecting an
individual’s reputation and allowing freedom of expression by the press?...........................3
TASK 2............................................................................................................................................5
CONCLUSION................................................................................................................................7
REFERENCES................................................................................................................................8
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INTRODUCTION
Public law is basically defined as an essential element or aspect of law that duly governs
relationship among individual and government among various institution within a state or
different branches of government (White, 2021). This is basically a branch of law which is duly
concerned with effective regulation of relationship between individuals and government. Public
law plays important role in governing relationship that allow government within a state or nation
to undertake decisions in effective manner while emphasising upon the rights of public. The
main purpose of public law is to effectively regulate relationship among government and
individuals. Public law is having wider scope and protects every individual right while covering
relationship in an effective manner which is directly concerned with the society. Present report is
divided into two tasks in which task 1 identify the accident at which law of defamation
effectively strike just balance among protection of individual reputation and allow freedom of
expression by the press. While task 2 include case study analysis associated to the environmental
protection act.
TASK 1
To what extent does the law on defamation strike a just balance between protecting an
individual’s reputation and allowing freedom of expression by the press?
Defamation is mainly defined as a statement that usually injuries reputation of third-party.
It has been identified that according to the act of defamation there are mainly five elements of
defamation lawsuit which include a public statement, a statement of fact, the statement cause
injury, the statement must be false, the statement is not privileged and getting legal advice.
Law on defamation: The Defamation Act 2013 ('the Act') came into power on 1 January 2014.
As indicated by Lord Sumption, in Lachaux v Independent Print Ltd and Anor [2019] UKSC 27,
the Act tried 'to change a portion of the custom-based law rules which were seen unduly to
support the assurance of notoriety to the detriment of opportunity of articulation' (Akhtar, 2020).
All the more explicitly, the Act systematized and solidified pieces of both existing caselaw and
resolution, explicitly comparable to the guards of defense (now 'truth'), editorial qualified
advantage (now 'distribution on an issue of public interest') and reasonable remark. The last two
guards were changed, and not simple codifications. Among different arrangements, the Act
presented a 'genuine mischief' edge for bringing a slander guarantee, and a solitary distribution
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rule (Weaver, 2020). The Act specified that the courts of England and Wales don't have purview
to hear jurisdiction activities against people resided outside the UK, EU or Lugano Convention,
except if fulfilled that this is obviously the most suitable spot to bring the activity (with the end
goal of forestalling alleged 'defamation the travel industry'). The main aim of the law of
defamation is to effectively ensure that there is a fair balance between the right to freedom of
expression and the protection of reputation. Furthermore, it has been underlined that the
amendment of the law of defamation bill make various forms of sustainable changes to this law
(Tuntevski, 2020). Key areas that mainly strikes a fair balance between right to freedom of
expression and individual reputation emphasize upon removing of current presumptions in the
favour of jury trial. Along with this it effectively provides significant increase in the protection to
website operators that host user generated content. In this, this act provides them to effectively
comply with the procedure and further allow to resolve disputes directly with the author of
material concern. Furthermore, it has been evaluated that section 4 of the Defamation Act 2013
gives publisher a safeguard against such cases where the assertion whined of was or framed
piece of, an assertion on an issue of public interest; and the individual blamed for criticism
sensibly accepted that distributing the assertion griped of was in the public interest. It is
otherwise called the 'public interest safeguard' (Blake, 2021). S.4 protection depends on the
customary law position in the House of Lords instance of Reynolds v Times Newspapers Limited
[2001] 2 AC 127 ("Reynolds") (Harrison, 2021). The House of Lords held that there could be an
unattached protection to a maligning guarantee that the material griped of was distributed on an
issue of public interest. In the Reynolds case, Lord Nicholls recognized ten 'non-comprehensive'
elements to be considered while deciding if the safeguard is appropriate, like the reality of the
charges, the tone of the words whined of, and regardless of whether the claims had been put to
the person in question. The UK Supreme Court expressed that the Court of Appeal wasn't right to
"consider that the components of the legal safeguard can be equipar ated with those of the
Reynolds protection" (Hilser, 2020). In this way, UK slander choices dependent on s.4 of the UK
Defamation Act 2013 ought to be applied by Malaysian courts with alert (Douglas, 2021). The
main UK choices that stay appropriate in Malaysia are Reynolds v Times Newspapers Ltd [2001]
2 AC 127, Jameel (Mohammed) v Wall Street Journal Sprl [2006] UKHL 44, and Flood v Times
Newspapers Ltd [2012] UKSC 11.
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While section 10 contempt of court act 1981 offers protection for generalist along with their
sources. In this act it has been identified that no court is required anyone to make disclosure of
the information sources unless it is necessary in the interest of national security, justice and the
prevention of crime or disorder (Dykes, 2020). Along with any particular form of circumstances
warrant disclosure is further ultimately lead court to decide by taking them consideration in
human right Act 1988 which states the right to freedom of expression. Thus, it has been stated
that law of defamation at great extent strike a just balance between individual’s reputation
protection and effectively allow freedom of expression by press in an effective manner.
TASK 2
In 2019, the worldwide manufacturing of plastics reached 368 million metric heaps, with
579 million metric loads of that quantity produced in Europe alone. For this, In 2019, Parliament
passed the ‘Environmental Protection Act’. The goal of the act is to promote the recycling of
plastics. This law is under the Environmental Protection Act 1990 is an Act of the Parliament of
the UK that as of 2008 defines, inside England and Wales and Scotland, the essential shape and
authority for waste control and manage of emissions into the environment. The Act implements
the European Union Waste Framework Directive in England and Wales and Scotland. The Act
changed into meant to reinforce pollutants controls and help enforcement with heavier penalties.
Before the Act there have been separate environmental law of air, water and land pollutants and
the Act delivered in an included scheme that might are seeking the "first-rate potential
environmental option". There changed into formerly no uniform gadget of licensing or public
proper of get entry to information. The split of Nature Conservancy Council (NCC) into English,
Welsh and Scottish our bodies changed into controversial. Purportedly compelled on Secretary
of State Chris Patten through Secretary of State for Scotland Malcolm Rifkind and forestry
minister Lord Sanderson, a few noticed it as "punishment" for the full of life competition the
NCC had set up to forestation within side the Flow Country (Woodard, 2021). The
Environmental Protection Act makes provision for the progressed manipulate of pollutants to the
air, water and land through regulating the control of waste and manage the emissions. The
Environmental Protection Act (EPA) is one of the maximum critical statutes regarding criminal
duty for environmental welfare. The EPA establishes criminal duties for pollutants manipulate
for land, air and water. The Act additionally covers waste disposal and statutory nuisances,
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inclusive of noise or smells. the relevant authorities to guard and enhance environmental quality,
manipulate and decrease pollutants from all sources, and limit or limitation the placing and
operation of any business facility on environmental grounds.
As per the case study of this essay, the nature reserve trust is group based establish which
is campaigns about the issues related to the environmental at national level. It is concerned that
the although notices for the license based application was well published in the newspaper which
are local. It was not the published through online platforms and at the self site. This states that
the lots of customers of nature reserve were not aware about the proposed recycling based plant
as well could not put the forward their basic concern about the impact of environmental. At the
same time due to the limited publicity about the proposal, NRT only the heard regarding decision
to grant “LakeRec Ltd” a license a less days are ago. Three months ago, PRA additionally
granted a licence to LakeRec Ltd for a brand new plastic recycling plant contrary a nature
reserve in Swansea. The PRA justified its choice by mentioning LakeRec Ltd had proven how
the brand new recycling plant might assist stimulate economic increase within side the
disadvantaged area.
As per case study, Norton Solutions plc’ recently carried out to the PRA for a licence to
open a new recycling plant in The Mumbles, Swansea. Last week the ‘Norton Solutions plc’
licence became refused on the premise of the PRA policy to best provide a licence for one
recycling plant within one area. The UK is currently required to meet a present EU goal of
recycling no less than 50% (through weight) of its family waste through 2020. Recycling costs
have expanded markedly since 2000 however issues had been raised in latest years that family
recycling costs have begun out to plateau (Williams and Gregory, 2021). Recycling of plastic
bottles and different merchandise offer us with massive commercial enterprise opportunities.
Plastic recycling commercial enterprise may be very worthwhile if done with right commercial
enterprise planning. Plastic is an acknowledged non-biodegradable substance this means that that
it isn't feasible to interrupt it through natural means. They need to show some effective tools and
methods to establish the plant in front of Legal Corporation so that they cannot refuse the
license. Judicial review can affect the decisions of Norton Solution Plc if they check and grant
the permit for their plant.
NRT need to adopt some social platform so that they can aware to people about their
recycling process in favour of environment. They also can give an advertisement in different
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news papers which are deliver in various location, so that they can cover large area. Judicial
review are affecting the NRT’s strategy for promotion about their recycling process.
CONCLUSION
It is conclude the above essay as per the case study based on the environmental
protection act. For this there are different areas are covered which are important for this act and
companies to adopting Environmental act for the recycling and other purpose as well. The law of
defamation is meant to guard human being’s reputations from unfair attacks. In practice its
foremost impact is to avoid loose speech and protect effective human beings from scrutiny.
Reputation protects the person from (society's) outside value judgement that could often be
harmed via way of means of the announcement of falsehoods, inside both the device of civil
regulation or crook regulation. The belief of human dignity can simplest be described in
regulation with first rate difficulty.
However, its breaches can effortlessly be identified. in challenge second, Recycling
reduces the want for extracting (mining, quarrying and logging), refining and processing raw
materials. All of those create massive air and water pollution. As recycling saves power it
additionally reduces greenhouse fuel line emissions, which enables to address weather change.
Recycling is right for the environment; in a sense, we're the usage of vintage and waste
merchandise which can be of little need after which changing them returned to the identical new
merchandise. Since they saving sources and are sending much less trash to the landfills, it
enables in decreasing air and water pollution.
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REFERENCES
Books and Journals
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Performance of Protecting Seedlings with Plastic Tree Shelters for Afforestation in
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Islands Plastic Pollution Policy Frameworks. Sustainability, 13(3), p.1252.
Conti, I., Simioni, C., Varano, G., Brenna, C., Costanzi, E. and Neri, L.M., 2021. Legislation to
limit the environmental plastic and microplastic pollution and their influence on human
exposure. Environmental Pollution, p.117708.
Burgess, M., Holmes, H., Sharmina, M. and Shaver, M.P., 2021. The future of UK plastics
recycling: one bin to rule them all. Resources, Conservation and Recycling, 164,
p.105191.
Varkey, P.S., Walker, T.R. and Saunders, S.J., 2021. Identifying barriers to reducing single-use
plastic use in a coastal metropolitan city in Canada. Ocean & Coastal Management, 210,
p.105663.
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chemically recyclable by design.
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Society, 65, p.102645.
Akanyange, S.N., Lyu, X., Li, X., Zhao, X., Zhang, Y., Crittenden, J.C., Anning, C., Chen, T.,
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the atmospheric contamination sources and potential impacts. Science of The Total
Environment, p.146020.
Stanton, T., Kay, P., Johnson, M., Chan, F.K.S., Gomes, R.L., Hughes, J., Meredith, W., Orr,
H.G., Snape, C.E., Taylor, M. and Weeks, J., 2021. It's the product not the polymer:
Rethinking plastic pollution. Wiley Interdisciplinary Reviews: Water, 8(1), p.e1490.
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Woodard, R., 2021. Waste Management in Small and Medium Enterprises (SMEs): compliance
with duty of care and implications for the circular economy. Journal of Cleaner Production, 278,
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Akhtar, Z., 2020. Social Media Access, Jury Restraint and the Right to a Fair Trial. U. Balt. J.
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Blake, L., 2021. The limits of civil contempt in the South Australian Supreme Court: Time for an
alternative approach to non-compliance?. Bulletin (Law Society of South Australia), 43(1),
pp.40-43.
Douglas, M., 2021. Defamation Actions and Australian Politics (UNSW Law Journal Forum,
2021, forthcoming). Available at SSRN 3857025.
Dykes, H.C., 2020. The Defamation Act 2013: A Matter of Interpretation in the Ongoing Battle
between Free Speech and the Right to Reputation. Manchester Rev. L. Crime & Ethics, 9, p.77.
Harrison, J., 2021. Defamation and reform of the statutory defence of contextual truth. LSJ: Law
Society of NSW Journal, (75), pp.86-87.
Hilser, M.E., 2020. England and Wales' Defamation Act 2013 and the Public Interest Defense:
An Emphasis toward" Is It True" over" Will They Sue?". Ariz. J. Int'l & Comp. L., 37, p.249.
Thomson, S., 2021. Ombudsmen as Courts. Oxford Journal of Legal Studies.
Tuntevski, N., 2020. MEDIA AND THE LEGAL CULTURE IN THE BALKAN COUNTRIES-
ON THE CROSSROAD BETWEEN THE RIGHT TO INFORMATION AND THE
PRINCIPLE OF PRESUMPTION OF INNOCENCE. Knowledge International Journal, 41(5),
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Weaver, R.L., 2020. Defamation: a half-century of changes (more or less). In Comparative
Privacy and Defamation. Edward Elgar Publishing.
White, D., 2021. The Contempt of Court Act 2019: An Intriguing Tale of Law Reform. New
Zealand Law Review, 2020(4), pp.601-637.
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