Roberts & Anor v Gable & Ors

Roberts & Anor v Gable & Ors

The article was a neutral report of a public dispute within the British National Party, did not adopt the defamatory allegations, and thus was protected by qualified privilege under the reportage doctrine. Responsible journalism did not require verification in these circumstances, and the balance between freedom of expression and reputation was properly struck.

Parties
Appellant/claimant: Christopher Roberts; Appellant/claimant: Barry Roberts; Respondent/defendant: Gerry Gable; Respondent/defendant: Steve Silver; Respondent/defendant: Searchlight Magazine Ltd
Jurisdiction
England and Wales
Judgment Date
12 July 2007
Procedural Posture
Civil Appeal (defamation/libel) / Appeal From Queen's Bench Division to Court of Appeal
Outcome
Appeal dismissed
Legal Topics
Qualified Privilege, Reportage Doctrine, Freedom of Expression, Reputation, Responsible Journalism, Repetition Rule, Public Interest
Defamation Media Law Human Rights Qualified Privilege Reportage Doctrine Freedom of Expression Reputation Responsible Journalism +2 more

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Parties

Christopher Roberts

Appellant/claimant

Barry Roberts

Appellant/claimant

Gerry Gable

Respondent/defendant

Steve Silver

Respondent/defendant

Searchlight Magazine Ltd

Respondent/defendant

Procedural Posture

Civil Appeal (defamation/libel) / Appeal From Queen's Bench Division to Court of Appeal

Legal Issues

  1. 1 Whether the publication of allegations in a political dispute without verification is protected by qualified privilege under the reportage doctrine
  2. 2 Whether the article adopted the defamatory allegations or neutrally reported them
  3. 3 Whether responsible journalism required verification in the circumstances

Ratio Decidendi

The article was a neutral report of a public dispute within the British National Party, did not adopt the defamatory allegations, and thus was protected by qualified privilege under the reportage doctrine. Responsible journalism did not require verification in these circumstances, and the balance between freedom of expression and reputation was properly struck.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed; judgment for the defendants; claim for libel fails under the reportage qualified privilege defence.