Cases

Jameel & Another v Wall Street Journal Europe (No.2) (HL)

Comment

This decision represents a notable victory for the newspaper and a powerful reaffirmation of the "liberalising intention" of Reynolds. With varying degrees of emphasis - the strongest being Lord Hoffmann who rejected it entirely - each of their Lordships disapproved the strict application of the classic duty/interest test to Reynolds cases in favour of a "practical and flexible" approach. The decision is also important for its recognition that allowance has to be made for editorial judgment and also that it is the publication as a whole that has to be assessed when considering the public interest rather than the publication of the particular defamatory allegations about which the Claimant complains.

Areas of work

Defamation
Human Rights
Media Law

Also