Cases

Galloway v Telegraph Group Ltd (CA)


Comment

The decision leaves unexplored and unresolved the interrelation between Reynolds privilege and fair comment, in particular the width of protection offered to conclusionary comment under fair comment defences and how this is affected if the privileged occasion relied upon is of the Reynolds species. There exists an inherent conflict between the consideration of tone, in Lord Nicholls' Reynolds criteria, and the breadth of the common law protection of fair comment. If adoption of allegations and tone are factors taken against the newspaper in the Reynolds balance, does this leave a newspaper's ability and freedom to comment on a Reynolds privileged occasion necessarily impaired?

Areas of work

Defamation
Media Law

Also