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December 16, 2016

First order made under s.12 of the Defamation Act 2013

Categories: Defamation, News

ARY News broadcaster ordered to broadcast summary of High Court's judgment


In the first use of the new power available under s.12 of the Defamation Act 2013, the High Court has ordered the UK broadcaster of ARY News and its Chief Operating Officer to broadcast a summary of the judgment against it in Mir Shakil-ur-Rahman v ARY Network Ltd & Ghafoor.

In an extempore judgment on 14 December, Sir David Eady found that, as the Defendants had not broadcast anything about the result of the claim on their television channel, there was no reason to believe that the bulk of the viewers of the libels were aware of the outcome of the case.  As vindication is only achieved if the publishees of the libel learn of the court’s verdict, an order that the Defendants publish a summary of the judgment was appropriate. The Judge rejected the Defendants’ contention that because damages had been assessed without taking account of the vindicatory effect of a s.12 order, such an order could not now be made.

5RB‘s Matthew Nicklin QC and Richard Munden (instructed by Carter-Ruck) represented the Claimant; Desmond Browne QC and Jonathan Barnes (instructed by Gresham Legal) the Defendants.