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Cook v Alexander: CA 1974

One may comment upon reports which are themselves the subject of privilege. A report to be fair and accurate must constitute a fair presentation of that which took place on the relevant occasion. It need not be a verbatim report. It can be selective and concentrate on one particular aspect as long as it reports fairly and accurately the impression that the reporter would have received as a reasonable spectator in the proceedings.
Lord Denning MR: ‘He need not report it verbatim word for word or letter for letter and it is sufficient if it is a fair presentation of what took place so as to convey to the reader the impression which the debate itself would have made on a hearer of it. Test it this way: if a member of the house were asked: ‘What happened in the debate ? Tell me about it.’ His answer would be a sketch giving in words the impression it left on him, with more emphasis on one thing and less emphasis on another, just as it stuck in his memory.’

Judges:

Lord Denning MR

Citations:

[1974] QB 279

Jurisdiction:

England and Wales

Cited by:

CitedGeorge Galloway MP v Telegraph Group Ltd QBD 2-Dec-2004
The claimant MP alleged defamation in articles by the defendant newspaper. They claimed to have found papers in Iraqi government offices after the invasion of Iraq which implicated the claimant. The claimant said the allegations were grossly . .
CitedCuristan v Times Newspapers Ltd CA 30-Apr-2008
The court considered the availability of qualified privilege for reporting of statements made in parliament and the actionable meaning of the article, which comprised in part those statements and in part other factual material representing the . .
CitedNT 1 and NT 2 v Google Llc QBD 13-Apr-2018
Right to be Forgotten is not absolute
The two claimants separately had criminal convictions from years before. They objected to the defendant indexing third party web pages which included personal data in the form of information about those convictions, which were now spent. The claims . .
Lists of cited by and citing cases may be incomplete.

Defamation

Updated: 13 May 2022; Ref: scu.220013

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