The House set out how a court should decide whether qualified privilege applied: ‘If the document is capable of a defamatory meaning, then may be considered the point as to whether the occasion was privileged or not. In considering the question whether the occasion was an occasion of privilege, the court will regard the alleged libel and will examine by whom it was published, when, why, and in what circumstances it was published, and will see whether these things establish a relation between the parties which gives rise to a social or moral right or duty, and the consideration of these things may involve the consideration of questions of public policy … .’
Judges:
Earl Loreburn
Citations:
[1916] SC(HL) 158
Jurisdiction:
Scotland
Cited by:
Cited – Loutchansky v Times Newspapers Limited (No 2) CA 12-Mar-2001
The defendants appealed against a refusal to allow them to amend their pleadings. They wished to include allegations as to matters which were unknown to the journalist at the time of publication.
Held: It is necessary for the defendants to . .
Lists of cited by and citing cases may be incomplete.
Defamation
Updated: 12 April 2022; Ref: scu.198166