Defending a Defamation Claim – Publication on a Matter of Public Interest

Defending a Defamation claim can be a complex legal battleground, but understanding the core defences is crucial for anyone involved.

Section 4 of the Defamation Act 2013 provides the defence of publication on a matter of public interest. Section 4 requires that the statement complained of, is or forms part of, a matter of public interest. Additionally, the defendant must reasonably believe that publishing the statement was in the public interest. Courts must consider all the circumstances of the case and make allowance for editorial judgment.

Defending a Defamation Claim – Matters of Public Interest

Public interest has been generally defined as ‘matters relating to the public life of the community and those who take part in it’. This includes, political life, elections, and the conduct of government, public bodies, institutions, and companies which give rise to public interest.

Matters which are personal and private, such that there is no public interest are excluded. When considering whether the matter is of public interest ‘one should consider the article as a whole and not isolate the defamatory meaning’.

The Defendant’s Reasonable Belief:

The Court of Appeal has explained that all the circumstances of the case includes the ten factors of responsible journalism as they are relevant to whether the belief is reasonable. Although, a failure to comply with one or some of the factors, may not be decisive against a defendant, as weight given to each factor will vary from case to case.

One should conduct such ‘inquiries and checks as is reasonable of the defendant in all the circumstances’ for their belief to be considered reasonable.  The non exhaustive ten factors of responsible journalism have been endorsed as a useful guide to determining whether a defendant possesses the required reasonable belief.  

10 Factors of Responsible Journalism:

1. The seriousness of the allegations. The more serious the allegation, the more the public is misinformed and the individual harmed, if the allegation is not true.
2. The nature of the information and the extent to which the subject matter is a matter of public concern.
3. The source of the information. Some informants have no direct knowledge of the events. Some have their own axes to grind, or are being paid for their stories.
4. The steps taken to verify the information.
5. The status of the information. The allegation may have already been the subject if an investigation which commands respect.
6. The urgency of the matter. News is often a perishable commodity.
7. Whether comment was sought from the claimant. (S)He may have information others do not possess or have not disclosed. An approach to the claimant will not always be necessary.
8. Whether the article contained the gist of the claimant’s side of the story.
9. The tone of the article. A newspaper can raise queries or call for an investigation. It need not adopt allegations as statements of fact.
10. The circumstances of the publication, including the timing.

The Main Question:

The Supreme Court has approved the main question in determining whether the defence should succeed, namely:

“Could whoever published the defamation, given whatever they knew (and did not know), and whatever they had done (and had not done), to guard so far as possible against publication of untrue defamatory material, properly have considered the publication in question to be in the public interest?”

Who can use the Defence?

Despite the references to journalism the public interest defence is open to anyone and not just the media.

Expert Legal Assistance from Lawdit Solicitors:

At Lawdit Solicitors, we specialize in defamation law. If you are facing a potential defamation claim, whether as a claimant or defendant, our expert team is ready to provide the guidance and representation you need.