Flood v Times Newspapers Ltd

Flood v Times Newspapers Ltd

Publication of the details of unsubstantiated allegations under police investigation, without reasonable steps to verify their truth, does not attract Reynolds qualified privilege. The public interest in reporting the fact of an investigation does not extend to unchecked details. Continued publication after exoneration is not responsible journalism and loses any privilege.

Parties
Claimant/appellant: DS Gary Flood; Defendant/respondent: Times Newspapers Ltd
Jurisdiction
England and Wales
Judgment Date
13 July 2010
Procedural Posture
Civil Appeal (libel) / Appeal From High Court Preliminary Ruling on Qualified Privilege
Outcome
Appeal by Times Newspapers Ltd dismissed; cross-appeal by DS Flood allowed.
Legal Topics
Qualified Privilege, Reynolds Defence, Responsible Journalism, Freedom of Expression, Right to Reputation, Public Interest, Repetition Rule
Defamation Media Law Human Rights Qualified Privilege Reynolds Defence Responsible Journalism Freedom of Expression Right to Reputation +2 more

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Parties

DS Gary Flood

Claimant/appellant

Times Newspapers Ltd

Defendant/respondent

Procedural Posture

Civil Appeal (libel) / Appeal From High Court Preliminary Ruling on Qualified Privilege

Legal Issues

  1. 1 Whether publication of detailed allegations under police investigation attracts Reynolds qualified privilege
  2. 2 Whether continued publication on website after exoneration is protected by privilege
  3. 3 Whether responsible journalism requirements were met for the allegations published

Ratio Decidendi

Publication of the details of unsubstantiated allegations under police investigation, without reasonable steps to verify their truth, does not attract Reynolds qualified privilege. The public interest in reporting the fact of an investigation does not extend to unchecked details. Continued publication after exoneration is not responsible journalism and loses any privilege.

Court Disposition

Appeal by Times Newspapers Ltd dismissed; cross-appeal by DS Flood allowed.

Orders

  • Reynolds qualified privilege does not protect publication of the detailed allegations against DS Flood.
  • Continued website publication after exoneration is not privileged; TNL liable for defamation.