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Crossley & Crossley v Newsquest (Midlands South) Limited
Comment
The court determined that the protection offered by the law to reports of proceedings in open court protects not only against claims for defamation, but also against privacy claims. As the Judge commented in the course of argument, the media are entitled to regard there as being a “bright line” division between matters referred to in open court, which are lawfully publishable, and private matters that are not referred to in court. This is an unsurprising result, but nevertheless one that may afford reassurance to those in the business of reporting the courts. But publishers should not be complacent. The result may not have been the same if the report had not been privileged, either because it was not fair or accurate or because it was not contemporaneous and not of public concern and for the public benefit.