In Silkin v. Beaverbrook Newspapers Ltd., [1958] 1 W.L.R. 743, a House of Lords case, the famous speech of Lord Diplock states succinctly the principle that freedom of speech is subject to the law and like any other freedom there is a balancing. In freedom of speech this right must be balanced against the essential need of the individuals to protect their reputation.
Lord Diplock stated (at pp. 745-46):
- Freedom of speech, like the other fundamental freedoms, is freedom under the law, and over the years the law has maintained a balance between, on the one hand, the right of the individual . . . whether he is in public life or not, to his unsullied reputation if he deserves it, and on the other hand . . . the right of the public . . . to express their views honestly and fearlessly on matters of public interest, even though that involves strong criticism of the conduct of public people.
