Tsikata v Newspaper Publishing Plc [1996] EWCA Civ 618 (30th September, 1996)

Tsikata v Newspaper Publishing Plc [1996] EWCA Civ 618 (30th September, 1996)

The article's first two sentences constituted a fair and accurate report of proceedings in public of the Special Investigation Board, and publication was of public concern and for public benefit; the third sentence was protected by common law qualified privilege. No authoritative refutation occurred to defeat privilege. Appeal dismissed.

Citation
[1996] EWCA Civ 618
Parties
Plaintiff/appellant: Kojo Tsikata; Defendant/respondent: Newspaper Publishing Plc
Jurisdiction
England and Wales
Procedural Posture
Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Statutory Privilege, Fair and Accurate Reporting, Public Inquiry, Freedom of Expression
Defamation Media Law Human Rights Qualified Privilege Statutory Privilege Fair and Accurate Reporting Public Inquiry Freedom of Expression

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Parties

Kojo Tsikata

Plaintiff/appellant

Newspaper Publishing Plc

Defendant/respondent

Procedural Posture

Appeal From High Court (queen's Bench Division) / Court of Appeal Judgment

Legal Issues

  1. 1 Whether the publication was protected by qualified privilege under common law and statute
  2. 2 Whether the report constituted a fair and accurate report of proceedings in public
  3. 3 Whether publication was of public concern and for public benefit under section 7(3) of the Defamation Act 1952

Ratio Decidendi

The article's first two sentences constituted a fair and accurate report of proceedings in public of the Special Investigation Board, and publication was of public concern and for public benefit; the third sentence was protected by common law qualified privilege. No authoritative refutation occurred to defeat privilege. Appeal dismissed.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs
  • Leave to appeal to the House of Lords refused