Henry v British Broadcasting Corporation (2) [2005] EWHC 2787 (QB) (02 December 2005)

Henry v British Broadcasting Corporation (2) [2005] EWHC 2787 (QB) (02 December 2005)

The court held that the BBC's broadcast was not protected by qualified privilege because the BBC did not act responsibly in publishing the allegations against Mrs Henry without sufficient verification and failed to give her a proper opportunity to respond to the specific allegations before broadcast.

Source-derived case information.

Citation
[2005] EWHC 2787 (QB)
Parties
Claimant: Marion Henry; Defendant: British Broadcasting Corporation
Jurisdiction
England and Wales
Judgment Date
02 December 2005
Procedural Posture
Libel Action / Trial of Preliminary Issue on Qualified Privilege
Outcome
Qualified privilege defence rejected
Legal Topics
Qualified Privilege, Justification Defence, Libel, Public Interest Reporting
Defamation Media Law Qualified Privilege Justification Defence Libel Public Interest Reporting

Source-derived case record

Summary, issues, holding and outcome

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Parties

Marion Henry

Claimant

British Broadcasting Corporation

Defendant

Procedural Posture

Libel Action / Trial of Preliminary Issue on Qualified Privilege

Legal Issues

  1. 1 Whether the BBC's broadcast was protected by qualified privilege
  2. 2 Whether any of the species of privilege (common law, Reynolds, statutory) applied to the broadcast
  3. 3 Whether the BBC acted responsibly in publishing the allegations

Ratio Decidendi

The court held that the BBC's broadcast was not protected by qualified privilege because the BBC did not act responsibly in publishing the allegations against Mrs Henry without sufficient verification and failed to give her a proper opportunity to respond to the specific allegations before broadcast.

Court Disposition

Qualified privilege defence rejected

Orders

  • The defence of qualified privilege is dismissed.
  • The issue of justification to be tried at a later date if necessary.