Defamation Defences P2 Flashcards
(15 cards)
What are the four main defences to defamation under UK law?
Absolute Privilege, Qualified Privilege, Truth, and Honest Opinion.
When does Absolute Privilege apply for journalists?
To fair, accurate, contemporaneous reports of court cases of certian types of tribunals
What does ‘contemporaneous’ mean in the context of absolute privilege?
It means the report must be published as soon as practicable, generally within three days.
What requirements must a court report meet to be protected by absolute privilege?
It must be fair, accurate, and contemporaneous, and should not misrepresent charges or wrongly identify individuals.
Does absolute privilege apply to comments made outside court or in public galleries?
No, unless shouted by a witness giving evidence. It does not protect statements made outside proceedings.
What are the requirements for Qualified Privilege under Schedule 1 of the Defamation Act 1996?
Reports must be fair, accurate, without malice, and on matters of public interest.
When can Qualified Privilege fail?
If there is malice or a lack of public interest, such as failing to include a denial or distorting facts.
What happened in Qadir v Associated Newspapers Ltd?
The court found malice and lack of public interest when journalists omitted Qadir’s side of the story and published false statements they didn’t believe to be true.
What types of reports are covered under Part 1 of Schedule 1 (QP)?
Parliamentary reports, court reports (non-contemporaneous), and extracts from public documents like Companies House or civil court records.
What types of reports are covered under Part 2 of Schedule 1 (QP)?
Statements at council meetings, press conferences, police statements, public inquiries, official documents, and reports of public company meetings.
What additional requirement must publishers meet under Part 2 of QP if defamed parties respond?
They must publish a reasonable letter or statement of explanation or contradiction.
What constitutes a public meeting under defamation law?
A lawful meeting on a matter of public interest, even if access is restricted. Includes press conferences (McCartan Turkington Breen v Times Newspapers Ltd).
What does QP cover in relation to public meetings and press conferences?
Both spoken content and official documents distributed during the event.
What is an exception to Qualified Privilege?
QP does not extend to defamatory allegations made before or after the meeting or outside official proceedings (e.g. unofficial press releases).
Is it safe to publish a council press release about a shop’s licence suspension if the owner refuses to comment?
Yes, under Qualified Privilege Part 2, provided the report is fair, accurate, and the public interest test is met, though caution is advised if the subject disputes the claims.
