Cases

Clift v Slough Borough Council & Kelleher

Comment

This an important decision concerning the relationship between the qualified privilege defence to claims for libel and the public law duties of public authorities, in particular the duty imposed by section 6 of the Human Rights Act 1998 to act compatibly with Convention Rights. The judge held that a public authority should only be entitled to rely on the defence qualified privilege in respect of a defamatory publication if publication was consistent with its public law duties. Public authorities should only publish information for the purpose of and to the extent necessary for performance of its public duty and in accordance with its obligations under the HRA. If the information published affects an individual’s reputation, there is an interference with his or her rights under Article 8(1), and so, in order to be justified under Article 8(2), the publication must be necessary for a legitimate aim and proportionate to that aim.

The Defendants appealed this decision, and the appeal was heard by the Court of Appeal in June 2010.

Areas of work

Defamation
Human Rights
Media Law
Public Law

Also