Responsible journalism is not a standalone defence for defamation; in England and Wales, and falls under the defence of “publication on matter of public interest” under section 4 of the Defamation Act 2013. Publishers are shielded from liability for reputational damage if their content serves the public interest and they acted responsibly, acknowledging the value of such disclosure and understanding.
There are two components that a defendant must show to rely on the public interest defence:
- The statement in question must be, or must form, part of a publication that is on the topic of a matter of public interest, and
- The defendant reasonably believed that publishing the statement or information would be in favour of public interest.
The second limb relates to responsible journalism. The court will consider all the circumstances of the case, the defendant’s subjective belief that the publication was in public interest, and the objective test of whether the belief was reasonable in the circumstances of the case.
Some of the factors the court may consider relevant are:
- Quality of the source of the information, their reliability, and any possible bias and motives
- The steps taken to verify the truthfulness and credibility of the facts reasonably
- Whether there was an urgent need to publish the information as soon as possible, or if the defendant could have taken more time to verify the information
- The proportionality of the piece published (whether suspicion was confused with factual evidence)
- Whether good faith was shown in the process of publication, e.g., whether decisions were recorded through notes, emails, and minutes
The defence is available to a range of publishers and not just investigative journalists. NGOs and campaigners, among other parties, can benefit from this defence as long as they reasonably fulfil and prove the two components stated in the Act.
Avoiding defamation from publications
It is good journalistic practice to be mindful of the tone of writing when publishing sensitive information, obtain consent from relevant parties when appropriate, be clear in separating facts from allegations and speculative opinions, and keep a record of sources and information checks. Adopting these safeguards will help prevent legal challenges and establish a robust defence.
At Nath Solicitors we provide legal expert advice on defamation. If you need assistance, please call us on 0203 983 8278 or email us at enquiries@nathsolicitors.co.uk.