''Wennhak v Morgan'' is a leading case in
English defamation law, that held that communication with one's own
spouse
A spouse is a significant other in a marriage. In certain contexts, it can also apply to a civil union or common-law marriage. Although a spouse is a form of significant other, the latter term also includes non-marital partners who play a social ...
will not be considered to be 'published' for the purposes of
defamation
Defamation is the act of communicating to a third party false statements about a person, place or thing that results in damage to its reputation. It can be spoken (slander) or written (libel). It constitutes a tort or a crime. The legal defini ...
cases.
In Wennhak,
Huddleston B thought (with
Manisty J. agreeing) that the question could be decided “on the common law principle that
husband
A husband is a male in a marital relationship, who may also be referred to as a spouse. The rights and obligations of a husband regarding his spouse and others, and his status in the community and in law, vary between societies and cultures, ...
and
wife are one”, and that accordingly there had been no publication.
“ e maxim and principle acted on for centuries is still in existence, viz, that as regards this case, husband and wife are in point of law one person.”[''Wennhak v Morgan'' (1888) 20 QBD 635 at 637.]
References
English defamation case law
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