Law:

Section:

(a) Tort-------Intentionally causing psychological harm---Essential elements---Tort of intentionally causing psychological harm as recognized in the case of Wilkinson v Downton [1897] 2 QB 57, contained three elements: "conduct element", "mental element" and "consequence element"---'Conduct element' required words or conduct directed towards the claimant for which there was no justification or reasonable excuse, and the burden of proof was on the claimant---For the 'mental element', the necessary intention of causing psychological harm must be inferred from the facts in the particular case--- Intention need not be actually to cause the psychological illness which resulted (although such an illness was a necessary component of the tort under the consequence element), it was sufficient that the defendant intended to cause severe distress---Recklessness as to causing severe distress would not be sufficient to constitute the tort, an actual intention to cause severe distress was required---'Consequence element' required for constituting the tort was recognised psychiatric illness or physical harm.(b) Tort-------Intentionally causing psychological harm [recognized in the case of Wilkinson v Downton [1897] 2 QB 57--- Scope--- Freedom of speech/expression---Freedom to convey true information to the public---Scope---Publication of a book containing true information about the abuse and assault suffered by the author as a child---Injunction to prevent publication of such book on the ground that it might cause psychological harm to the author's minor son---Legality---Appellant, who was a famous pianist, author and filmmaker, had written a book which included vivid autobiographical accounts of the sexual abuse and assault he experienced as a child and his resulting depression, self-harm and suicide attempts, and the way in which music helped him to deal with the trauma---Appellant's ex-wife sought an injunction prohibiting publication of a large number of passages from the book arguing that they would have too distressing an impact on their 12-years-old son, who already suffered from various mental disorders---Appellant's ex-wife also adduced expert evidence from a child…