由此
-8-
A
B
29.
A
In Reynolds Lord Nicholls identified 10 non-exhaustive factors
which the Court might consider in evaluating whether a journalist or his
C
editors have acted responsibly in the publication of an article.
D
F
C
Those
10 factors are as follows:-
E
B
(1)
The seriousness of the allegations being made.
(2)
The nature of the information and the extent to which the
D
E
F
subject matter of a publication is a matter of public concern.
G
G
(3)
used in a publication.
H
(4)
The steps taken to verify the information.
I
(5)
The status of the information.
H
I
The reliability and motivation of the sources of the information
J
J
(6)
The urgency of the matter.
(7)
Whether comment was sought from the person who is the
K
K
L
(8)
M
subject matter of the allegations being made.
L
Whether the article contained the gist of that person’s side of
M
the story.
N
N
(9)
O
The tone of the article.
(10) The circumstances of the publication (including its timing).
O
P
P
30.
Given the factors, the question of malice becomes essentially
Q
subsumed within the Court’s consideration of journalistic responsibility.
R
For example, if a journalist writes recklessly without concern for the truth
Q
R
of what he writes, his article would not measure up against the factors. The
S
T
S
author of such an article could hardly be said to have engaged in
responsible journalism and that article would simply not attract qualified
T
privilege. Similarly, an article would not be privileged where its publication
U
U
V
V
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