Media Law - Qualified Privilege

Below are the main points from this semester's lecture on Qualified Privilege


Defences
1. Justification
- absolute defence for libel
- although not for privacy laws (use ryan giggs case)

2. Fair Comment
- sincere belief and;
1. no malice
2. honest opinion based on fact
3. public interest

3. Qualified Privilege
- common law and statutory
- means exemption from the law
- the queen has this
- absolute privilege - all judges have it when in court
- as a journalist we have QP, not AP, so you can report what is said as long as it is fast, accurate and fair
- always think in the public interest
- first available edition for your broadcast

Positive malice - refers to 'freebies' etc

Must include the plea and the words "the case continues"

Must have equal prominence to prosecution and defence - stick to judges summary and verdict

Parliament is protected under Qualified Privilege - it is legally a court eg Dennis Skinner vs George Osbourne

Common law QP
"For the common convenience of society" eg in references
- The Clegg case - Irish soldier who shot some youths
- Anti-IRA campaign to get him out of prison
- accused lawyers or being IRA terrorists
- campaign groups have common law privilege now

Reynolds ten point test
1. must be of a serious matter
2. must have documentation from official report
3. must have a reliable source
4. must have taken steps to verify the allegation or story
5. must have important status eg not an old matter
6. must be printed with urgency
7. must seek comment from the claimant
8. must have the gist of the claimants side of the story
9. must be of a serious tone of the article
10. must be published in the first available broadcast - eg the circumstances of the publication

Must get the claimants side of the story - they will defend it!

Key cases are as follows:

- Loutchansky case

- Galloway case- Daily Telegraph

Public interest PCC Code of Conduct
- exposing crime
- exposing health risks to the community
- preventing the public from being misled