Defemation Part 4 Flashcards
What section and act does PI defence fall under?
S4 of Defemation Act 2013
What is the PI defence?
Defendant required to show statement complained of was or formed a statement on matter of PI
Defendant needs to show words complained about were a matter of PI
Defendant also must believe that the publication was in Pi - court must decide if that’s believable
What does the PI defence strike a balance between
PI aims to strike a balance between right to defend your reputation and freedom of the press
With right to freedom of expression comes scrutiny of journalistic activity and the need for “responsible journalism”
How will courts be even consider PI defence?
If it’s is a “real public concern”
What is the Old Reynolds Defence?
In Reynolds vs Times, Lord Nichols (sitting in HOL) set out a non-exhaustive list of factors that should be considered when deciding if journalist actions constituted “responsible journalism”
List was central to so called Reynolds defence which eveolved into PI defence in 2013
What is the test? Old Reynolds test?
Seriousness of allegation - more serious the allegation, more journalist should make to check a story
Nature of info - how much of public concern is it?
Sources - how strong are they? Will they be identified?
Steps Journos taken to check the facts
Status of allegation - has it already been investigated
How urgent was it to tell story?
Was a comment sought from claimant before publication - or at least effort
Tone of piece
Circumstance of publication - was it rushed
What is key in PI defence
To get a comment or try to get comment on person you are defaming
This was established in Reynolds case
Why is the privilege defence so important?
Exists to ensure complete freedom of speech without the threat of libel action
What are the two privilege defences?
Absolute privilege - when reporting from any UK or overseas Court - in criminal, coroners and tribunals and the ECHR
Qualified privilege - reporting certain types of info or statement, for example in public meetings, press conferences, parliamentary debates or council meetings
Do what is Absolute privilege?
AP defence gives total protection against libel action
Does not matter if words are true or false, or spoken or written maliciously - publisher intent irrelevant
Means anyone involved in civil or criminal court proceedings or tribunals (can report anything said in those trials) - like barristers making def statements about defeandants
Which is protection of AP so important
Protects Open justice
What are the requirements of the AP defence?
1) Fair
2) Accurate
3) Contemporaneous - published in next bulletin or next edition or online
“A fair and accurate report of judicial proceedings held in public in a court anywhere in the world, published contemporaneously”
What is meant by fair?
Both sides must be a good proportion of weight
Contain no substantial innacuracies
Make clear in trial reports that def denies charges and while trial proceeds, jury has not given verdict
Indicated above by ending report with “the trial continues” (this is so readers know there is more evidence to come)
Headlines are fair and use quotation marks around things said by prosecution or defence
If prosecution allegations are changed what should you do?
Report that!
What is accuracy?
Get charges correct!
All allegations in court must be attributed - must be sure that what u have said is clear
A report presenting an allegation as fact is innacurate
If you wrongly identify defiant any or more say they were convicted when they were not you lose AP
You lose AP if you say def was jailed, when they received a suspended sentence etc
What does contemporaneous mean?
Means as soon as practicable
Report must be published within 28 days at latest
In print next edition
Online - same day
Broadcast - same day or early next day
What section and act is covered by reports being postponed due to court orders
AP
Under S14 of DA 1996
Do you lose AP if you break other laws in report
Yes!
For example SO 1992
Identify juvenile under S45
Can you use additional material in an AP report defence
Yes!
But a reasonable reader must be able to tell that the background info wasn’t a report of what was said in court
What will not be covered by AP?
If Def outburst came from public gallery with someone who isn’t part of proceedings
If Jury not heard it (so can report witness outbursts)
If outburst is not defamatory or prejudicial - you can report it - whoever made it
Quotes from people outside open court are not allowed! Only things in court room
Don’t report anything which is not part of proceedings!
What do Defence do MPs have in parliament?
They have AP, can say what they like and cannot be sued
Dates back to 17th century Bill of Rights to protect free speech
LIb Dem MP used this to advantage and named Ryan Giggs as married footballer who had taken our injunction to prevent reporting of affair
