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