Flood v Times Newspapers Ltd [2010] EWCA Civ 804 (13 July 2010)

Flood v Times Newspapers Ltd [2010] EWCA Civ 804 (13 July 2010)

The Court held that Reynolds qualified privilege applied to the initial publication of the article, including the identification of DS Flood and the fact of the police investigation, as these were matters of public interest and the reporting was within the range of responsible journalism at the time. However, the continued publication of the article on the website after the police exonerated DS Flood and this was communicated to the newspaper was not protected by privilege, as the public interest in continued publication no longer outweighed the claimant's right to reputation.

Citation
[2010] EWCA Civ 804
Parties
Claimant/appellant: DS Gary Flood; Defendant/respondent: Times Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
13 July 2010
Procedural Posture
Appeal (civil) / Court of Appeal Judgment on Preliminary Issue (qualified Privilege)
Outcome
Appeal and cross-appeal both dismissed in part; initial publication protected by qualified privilege, continued online publication after exoneration not protected.
Legal Topics
Qualified Privilege, Reynolds Defence, Responsible Journalism, Freedom of Expression, Right to Reputation, Public Interest Reporting
Defamation Media Law Human Rights Qualified Privilege Reynolds Defence Responsible Journalism Freedom of Expression Right to Reputation +1 more

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Parties

DS Gary Flood

Claimant/appellant

Times Newspapers Ltd

Defendant/respondent

Procedural Posture

Appeal (civil) / Court of Appeal Judgment on Preliminary Issue (qualified Privilege)

Legal Issues

  1. 1 Whether the publication of allegations against a police officer in a newspaper article was protected by Reynolds qualified privilege at the time of publication
  2. 2 Whether continued publication of the article on the newspaper's website after exoneration remained protected by privilege

Ratio Decidendi

The Court held that Reynolds qualified privilege applied to the initial publication of the article, including the identification of DS Flood and the fact of the police investigation, as these were matters of public interest and the reporting was within the range of responsible journalism at the time. However, the continued publication of the article on the website after the police exonerated DS Flood and this was communicated to the newspaper was not protected by privilege, as the public interest in continued publication no longer outweighed the claimant's right to reputation.

Court Disposition

Appeal and cross-appeal both dismissed in part; initial publication protected by qualified privilege, continued online publication after exoneration not protected.

Orders

  • Qualified privilege upheld for print and online publication as at June 2006.
  • Qualified privilege not upheld for continued online publication after 5 September 2007.