The claimant, a politician, sought damages after another local politician accused him of using physical intimidation at elections. The defendant claimed a Reynolds privilege.
Held: This was not investigative journalism, and ‘There is no doubt that the subject-matter of these publications is of public interest. Allegations of undermining the democratic process, including by intimidation, are very serious indeed. As is well established, however, that alone does not mean that it is in the public interest to publish any such allegations irrespective of their truth or falsity. ‘ The third defendant was not reporting allegations, but making them. As to the newspaper defendants there was no sufficient attempt to contact the claimant to allow him to give his side of the story, and therefore their defence of qualified privilege failed also.
A person who writes a letter to a newspaper for publication cannot claim Reynolds privilege in respect of the publication of the letter, in the form in which it was sent, to the world at large.
Judges:
Eady J
Citations:
[2007] EWHC 3063 (QB)
Links:
Citing:
Cited – Adam v Ward HL 1917
The plaintiff, Major Adam MP, falsely attacked General Scobell in a speech in the House of Commons, thus bringing his charge into the national arena. The Army Council investigated the charge, rejected it and directed their secretary, Sir E Ward, the . .
Cited – Reynolds v Times Newspapers Ltd and others HL 28-Oct-1999
Fair Coment on Political Activities
The defendant newspaper had published articles wrongly accusing the claimant, the former Prime Minister of Ireland of duplicity. The paper now appealed, saying that it should have had available to it a defence of qualified privilege because of the . .
Cited – Lindon, Otchakovsky-Laurens and July v France ECHR 22-Oct-2007
ECHR (Grand Chamber) The court emphasised the public interest in protecting the reputation of those in public life. Regardless of the forcefulness of political struggles, it is legitimate to try to ensure that . .
Cited – George Galloway MP v The Telegraph Group Ltd CA 25-Jan-2006
The defendant appealed agaiunst a finding that it had defamed the claimant by repeating the contents of papers found after the invasion of Iraq which made claims against the claimant. The paper had not sought to justify the claims, relying on . .
Cited – Roberts and Another v Gable and others CA 12-Jul-2007
The claimants appealed a finding of qualified privilege in their claim of defamation by the defendant author and magazine which was said to have accused them of theft and threats of violence against other members of the BNP.
Held: The appeal . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 12 July 2022; Ref: scu.263260