Qualified Privilege in UK Law
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Loutchansky v Times Newspapers Ltd (No. 2)
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Whereas previously it could truly be said of qualified privilege that it attaches to the occasion of the publication rather than the publication, Reynolds privilege attaches, if at all, to the publication itself: it is impossible to conceive of circumstances in which the occasion of publication could be privileged but the article itself not so. Similarly, once Reynolds privilege attaches, little scope remains for any subsequent finding of malice.
The interest is that of the public in a modern democracy in free expression and, more particularly, in the promotion of a free and vigorous press to keep the public informed. The corresponding duty on the journalist (and equally his editor) is to play his proper role in discharging that function. Unless the publisher is acting responsibly privilege cannot arise.
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Jameel and Others v Wall Street Journal Europe Sprl
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But this does not mean that the editorial decisions and judgments made at the time, without the knowledge of falsity which is a benefit of hindsight, are irrelevant. Weight should ordinarily be given to the professional judgment of an editor or journalist in the absence of some indication that it was made in a casual, cavalier, slipshod or careless manner.
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Bonnick v Morris
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Responsible journalism is the point at which a fair balance is held between freedom of expression on matters of public concern and the reputations of individuals. Maintenance of this standard is in the public interest and in the interests of those whose reputations are involved. It can be regarded as the price journalists pay in return for the privilege.
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Reynolds v Times Newspapers Ltd
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My conclusion is that the established common law approach to misstatements of fact remains essentially sound. The elasticity of the common law principle enables interference with freedom of speech to be confined to what is necessary in the circumstances of the case. This elasticity enables the court to give appropriate weight, in today's conditions, to the importance of freedom of expression by the media on all matters of public concern.
7. Whether comment was sought from the plaintiff. He may have information others do not possess or have not disclosed. An approach to the plaintiff will not always be necessary.
The weight to be given to these and any other relevant factors will vary from case to case. Any disputes of primary fact will be a matter for the jury, if there is one. The decision on whether, having regard to the admitted or proved facts, the publication was subject to qualified privilege is a matter for the judge. A balancing operation is better carried out by a judge in a reasoned judgment than by a jury. Over time, a valuable corpus of case law will be built up.
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Defamation Act 2013
... ... Act 1996 (reports of court proceedings protected by absolute privilege) ;(d) a defence under section 15 of that Act (other reports protected by ... (2) In subsection (3) of section 15 of that Act (qualified privilege) for “public concern” substitute “ public interest ” ... ...
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Defamation Act 1996
... ... person making the offer accepts that the statement conveys (“a qualified offer”) ... (3) An offer to make amends—(a) must be in writing,(b) ... 20), s. 115(3)(r), Sch. 23 para. 44 ... Statutory privilege ... 14: Reports of court proceedings absolutely privileged ... (1) A ... ...
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Defamation Act 1952
... ... S-7 ... Qualified privilege of newspapers. 7 Qualified privilege of newspapers ... (1) ... ...
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Scottish Parliamentary Commissions and Commissioners etc. Act 2010
... ... a servant or agent of the Crown,(b) has any status, immunity or privilege of the Crown ... (2) The Commissioner’s property is not to be regarded ... qualified privilege, and(c) any statement made to the Commissioner or any member of ... ...
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Defamation appeal: Court of Appeal rules that qualified privilege applies in respect of letter to regulator Mahon and Another v Rahn and Others
The factual background to this appeal was given in Vol.8, No.1 Journal of Financial Regulation and Compliance when the judgment at first instance, from which this appeal by the Defendants was broug...
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THE PRIVILEGE AGAINST SELF‐INCRIMINATION
This briefing reviews the historical and recent development of the privilege against self‐incrimination and its partiadar relevance in the field of financial regulation. The author discusses the id...... ... powers available to compel evidence, should witnesses have to be encouraged to come for-ward, and the privilege, whether in an absolute or 'qualified' form, retained? Is it not more, as the late Sir Rupert Cross put it, that 'the idea that a man should be compelled to give answers expos-ing himself ... ...
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‘The Stuff of Which Political Debate is Made’: Roberts V Bass1
... ... the impact of the Lange decision on the common law defence of qualified privilege. In Ro berts v Bass , 3 the High Court by majority allowed ... ...
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Correspondence
... ... Tds Publishing 00. about such a breach of qualified privilege are faithfully set out with the same authority as ... ...
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A Confidential Consultation?
The Court of Appeal reaffirms the qualified nature of legal professional privilege. In the recent case of R v Edward Brown (formerly Latham) the Court of Appeal held that it was appropriate, i...... The Court of Appeal reaffirms the qualified nature of legal professional privilege ... In the recent case of R v ... ...
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Publish And Be Damned? Clift v Slough Borough Council
... ... whether the words complained of were published on an occasion of qualified privilege. Qualified privilege is a longestablished defence to a claim in ... ...
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Daniels vs British Broadcasting Corporation
... ... Employer's can argue fair comment, justification, and privilege as three possible defences against a defamation claim. The most common ... (and the one most likely to be argued by an employer) is 'qualified privilege', whereby the employer argues that it had a moral, social or ... ...
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Daniels vs British Broadcasting Corporation
... ... Employer's can argue fair comment, justification, and privilege as three possible defences against a defamation claim. The most common ... (and the one most likely to be argued by an employer) is 'qualified privilege', whereby the employer argues that it had a moral, social or ... ...