John Ware v Roger Waters & Anor

John Ware v Roger Waters & Anor

The statements that the claimant made a documentary containing lies about the first defendant, motivated by his support for Palestine, are expressions of opinion with the documentary indicated as the basis. The statements that the claimant positively supports genocide of Palestinians are bald statements of fact, not opinion, and no basis is indicated. Both statements are defamatory at common law.

Parties
Claimant: John Ware; First Defendant: Roger Waters; Second Defendant: Al Jazeera Media Network
Jurisdiction
England and Wales
Judgment Date
25 February 2025
Procedural Posture
Libel / Preliminary Issues Determination
Outcome
Determination of preliminary issues; statements found to be defamatory, with fact/opinion distinction clarified.
Legal Topics
Libel, Defamatory Meaning, Fact Vs Opinion, Honest Opinion Defence, Basis of Opinion, Broadcast Context
Defamation Media Law Libel Defamatory Meaning Fact Vs Opinion Honest Opinion Defence Basis of Opinion Broadcast Context

Case Brief

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Parties

John Ware

Claimant

Roger Waters

First Defendant

Al Jazeera Media Network

Second Defendant

Procedural Posture

Libel / Preliminary Issues Determination

Legal Issues

  1. 1 What is the natural and ordinary meaning of the statements in issue?
  2. 2 Are the statements defamatory at common law?
  3. 3 Are the statements statements of fact or opinion?

Ratio Decidendi

The statements that the claimant made a documentary containing lies about the first defendant, motivated by his support for Palestine, are expressions of opinion with the documentary indicated as the basis. The statements that the claimant positively supports genocide of Palestinians are bald statements of fact, not opinion, and no basis is indicated. Both statements are defamatory at common law.

Court Disposition

Determination of preliminary issues; statements found to be defamatory, with fact/opinion distinction clarified.

Orders

  • Natural and ordinary meaning of statements determined as set out in judgment.
  • Statements found defamatory at common law.