Case Law: Economou v de Freitas, Court of Appeal guidance on “public interest” defence – Dominic Garner

5 12 2018

On 21 November the Court of Appeal delivered a major decision on the statutory public interest defence for defamation claims, in the case of Alexander Economou v David de Freitas [2018] EWCA Civ 2591. Read the rest of this entry »





Defamation Act 2013, A Critical Evaluation, Part 4, “Public Interest” defence – Dan Tench

29 07 2014

Defamation ActIn earlier posts I have dealt with general concerns about the Defamation Act 2013, concerns about section 1, “Serious harm” and the new statutory defences of “truth” and “honest comment” in section 2 and section 3. In this post, I continue setting out concerns with the Defamation Act 2013 by looking at the public interest defence in section 4. Read the rest of this entry »





Case Law, Hong Kong: Pui Kwan Kay v Ming Pao, Responsible Journalism Defence fails

25 09 2013

Pui Kwan KayThe Hong Kong Chinese-language newspaper Ming Pao Daily was ordered to pay defamation damages of HK$500,000 (£69,000) to Hong Kong Football Association vice-chairman Pui Kwan-Kay. In a ruling handed down on 6 September 2013 ([2013] HKCFI 1442) Mr Justice Thomas Au Hing-cheung rejected the newspaper’s defence of “responsible journalism”. Read the rest of this entry »





A New Style Public Interest Defence in Libel Law? – Andrew Scott and Alastair Mullis

8 11 2012

An interesting proposal has slipped quietly into the mix for consideration during the House of Lords Committee stage deliberations on the Defamation Bill. During the Second Reading debate, Lord Lester mooted a possible alternative to the clause 4 defence of responsible publication on a matter of public interest. The Joint Committee on Human Rights has pressed the Government on the desirability of the new alternative. In our view, the proposal – developed by Sir Brian Neill (pic) – offers an opportunity both to improve the operation of the existing common law defence and to ‘tidy up’ aspects of the existing Bill. Read the rest of this entry »





New South Wales: Qualified privilege falls short again – Graham Hryce

18 08 2012

The NSW Court of Appeal has delivered another judgment confirming the difficulty in Australia of establishing the qualified privilege defence for media defendants. The NSW Court of Appeal handed down its decision in Lloyd-Jones v Allen ([2012] NSWCA 230) on 1 August 2012.  Justice Henric Nicholas wrote the leading judgment, with which Justices Ruth McColl and Margaret Beazley concurred. Read the rest of this entry »