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Baldwin v Rusbridger
Comment
The judge's decision that the "Reynolds" defence is tailored for circumstances different from those that arose here raises the question: what are the outer limits of the applicability of the "Reynolds" defence? Is it necessary for the newspaper to have conducted an investigation? If so, how does one explain the Al-Fagih case, where privilege for "reportage" was upheld? If not, what criteria do bring it into play? The case is, however, a warning to those who might be tempted to have a go at a victorious claimant. Magnanimity in defeat is usually a safer course.