由此
-7-
A
B
his editors had a legal, social or moral duty to publish the relevant article
and whether the public had an interest in knowing about the matters in the
C
A
B
C
article.
D
D
E
25.
Note, that insofar as reportage is concerned Reynolds
E
introduces a subtle but important adjustment to Lord Atkinson’s definition
F
of qualified privilege.
G
G
26.
H
I
F
Lord Atkinson spoke of an “occasion” of qualified privilege.
But the Court of Appeal in Loutchansky v. Times Newspapers Ltd. (Nos.2-5)
[2002] QB 783 (at §33) has observed that, whereas in the past one could
H
I
talk of qualified privilege attaching to an “occasion,” where reportage is
J
K
concerned “Reynolds privilege attaches, if at all, to the publication itself”.
This is because “it is impossible to conceive of circumstances in which the
J
K
occasion of publication could be privileged but the article itself not so”.
L
L
M
27.
Another key consequence of Reynolds (as Loutchansky pointed
M
out at §33) is that, in the special case of reportage, “little scope remains for
N
any subsequent finding of malice”.
O
O
28.
P
Q
N
Previously, one could speak of a defence of qualified privilege
being defeated by malice (that is, recklessness or indifference as to whether
a published statement is true or false, or making a statement with the
P
Q
dominant motive of injuring a person). But Reynolds held that, in assessing
R
S
R
whether an article is covered by qualified privilege in the first place, the
Court must objectively examine whether a journalist has acted responsibly
S
in compiling the article and whether the proprietor or editor of a news
T
T
service has acted responsibly in allowing the article to be published.
U
U
V
V
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