Cases

Henry v BBC (No.2)

Held

The broadcast was not protected by statutory privilege, as the publication of the Claimant’s name was not of public concern and not for the public benefit, and because the BBC had refused, when asked, to publish a reasonable statement by way of explanation and contradiction. Whilst the ‘reply to attack’ nature of the statement made at the press conference could legitimately be taken into account as an eleventh Reynolds criterion, when stepping back and taking into account the whole of the broadcast, and the circumstances of publication, the publication of the broadcast was not in the public interest and the public did not have a right to know the allegations made against the Claimant in the press conference. The Reynolds defence therefore failed.

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