Qualified privilege

Privilege- Lecture 4

Privilege is extremely important to ensure that any defamatory statement made can be defended.  When reporting in court. Being the third defence, if justification and fair comment are not available to be used then it is that privilege can be used; an exemption from libel when reporting to defame someone when it has been said in court, or parliament, this is qualified privilege. However this privilege can be taken away and therefore it important that the report is fast; published in the next available edition or bulletin, accurate; it is without error, and fair; without malice; if these rules are not followed then qualified privilege will be taken away.

This privilege is given as the media act as the eyes and ears of the public. As a story is in the court it is therefore in public interest and as a result qualified privilege is given.

We were also made aware of the importance of positive identification; ensuring that details of a person being defamed has their details correctly published, eliminating the chance of mistaken identity of someone with the same or a similar name as the person being defamed. If this happens the person with the similar name or details could also sue. Therefore name, age, location and even a mug shot can be used to ensure that a person is positively identified. Accidental libel can be used in defence to prevent libel action against a miss-spelling or similar details error.

However outside courts or parliament, it is just as important to ensure that if someone makes a defamatory statement in a group, and it is reported, that common law qualified privilege can be used as a defence. The Reynolds test presented to us is of great importance to ensure good journalism and to avoid libel action. Stating facts rather than elaborating is key to good Journalism, and therefore following the Reynolds test, good journalism will also be ensured.