Libel and 'Public Interest'

Question 1

Under what section of the Defamation Act 2013 does the public interest defence come under?

Answer 1

SECTION 4

Question 2

Is ‘public interest’ defined in the defamation act 2013?

Answer 2

No. But the courts have set out ideas in case histories.

Question 3

Court set out idea due to case history…

Answer 3

‘What the publisher could properly consider that he was under a public duty to tell the public.’
‘Whether the public was entitled to know the particular information’.
‘The interest is that of the public in a modern democracy in free expression and, more particularly, in the promotion of free and vigorous press to keep the public informed.’

Question 4

How to make the ‘public interest’ case succeed?

Answer 4

• Prove that you believed the published statement was in public interest.
• This means arguing ‘allowance for editorial judgement’.
• This is likely to be informed by previous court definitions of ‘responsible journalism’ known as the ‘Reynolds Defence’.
• Criteria for responsible journalism is:
  Giving fair opportunity for people criticized to give their side of the story
  Reporting a gist of this
  Evaluating the reliability of your source
  Avoid sensationalist language and bias

Question 5

IF IN DOUBT?

Answer 5

GET PROFESSIONAL LEGAL ADVICE!