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If Reynolds Has Been Invigorated By Jameel, Why Do Libel Reform Campaigners Insist Upon A Statutory Public Interest Defence? - Online Essay

If Reynolds Has Been Invigorated By Jameel, Why Do Libel Reform Campaigners Insist Upon A Statutory Public Interest Defence?

In Jameel (Mohammad) v Wall Street Journal Europe Sprl (2006) , it was stated the concept and elements of the public interest defence are easy to recognise but difficult to define equivocally . In this essay, I will explain why Reynolds v Times Newspapers [2001] caused confusion and use three reasons to conclude that the seminal case of Jameel eradicated the complexities of its former precedent yet failed reinvigorate the public interest defence in practice. Thus, a statutory public interest defence is needed.
Before Reynolds, journalists had no defence to statements they reported but turned out to be false. The House of Lords in Reynolds extended qualified privilege as a defence for ...

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which they had little sympathy. ’
Jameel concerned the Wall Street Journal Europe who published an article implying that Saudi Arabia was cooperating with US intelligence. The article named and described how Saudi businessman Mohammad Jameel was being monitored. Eventually, the House of Lords vocalised a new, less stringent test of the public interest defence which was met with widespread pleasure by the media. The defence was considered in three stages. Firstly, to ascertain the public interest of the material it had to be read as a whole and it was for the judge to decide whether the material was of genuine public interest . If this was in the affirmative, the second consideration was whether it was justifiable to include the defamation in the public interest story. Lastly, were the steps taken to investigate and publish the article fair? To assist, the court can take into consideration the PCC Code of Practice and Lord Nichols’ ten indicia.
I believe that even if Jameel ...

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it. This archaic legal presumption that all defamations are false has strengthened the case of libel reform campaigners to introduce a statutory public interest defence.
A significant example of this attitude is Flood v Times Newspapers (2010) The claimant, a Detective Sergeant in the Metropolitan Police, was named by The Times as taking bribes from exiled Russian oligarchs. Not surprisingly (given the attitude of the judges towards allowing the Reynolds public interest defence) the Lordships dismissed The Times appeal against the judge’s finding that the Reynolds privilege had been lost. The journalist had approached the claimant and other persons concerned with the allegations ...

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If Reynolds Has Been Invigorated By Jameel, Why Do Libel Reform Campaigners Insist Upon A Statutory Public Interest Defence?. (2011, March 29). Retrieved April 25, 2024, from http://www.essayworld.com/essays/If-Reynolds-Has-Been-Invigorated-Jameel/97051
"If Reynolds Has Been Invigorated By Jameel, Why Do Libel Reform Campaigners Insist Upon A Statutory Public Interest Defence?." Essayworld.com. Essayworld.com, 29 Mar. 2011. Web. 25 Apr. 2024. <http://www.essayworld.com/essays/If-Reynolds-Has-Been-Invigorated-Jameel/97051>
"If Reynolds Has Been Invigorated By Jameel, Why Do Libel Reform Campaigners Insist Upon A Statutory Public Interest Defence?." Essayworld.com. March 29, 2011. Accessed April 25, 2024. http://www.essayworld.com/essays/If-Reynolds-Has-Been-Invigorated-Jameel/97051.
"If Reynolds Has Been Invigorated By Jameel, Why Do Libel Reform Campaigners Insist Upon A Statutory Public Interest Defence?." Essayworld.com. March 29, 2011. Accessed April 25, 2024. http://www.essayworld.com/essays/If-Reynolds-Has-Been-Invigorated-Jameel/97051.
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PAPER DETAILS
Added: 3/29/2011 08:03:51 AM
Submitted By: dream888
Category: Legal Issues
Type: Premium Paper
Words: 1440
Pages: 6

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