Roberts & Anor v Gable & Ors

Roberts & Anor v Gable & Ors

The defence of qualified privilege succeeds because the article was a disinterested report of ongoing allegations and counter-allegations within a political party, published in the public interest under the doctrine of reportage. The reporting did not adopt or endorse the allegations, and the public had a legitimate interest in being informed about disputes within a party presenting candidates for election.

Parties
Claimant: Christopher Roberts; Claimant: Barry Roberts; Defendant: Gerry Gable; Defendant: Steve Silver; Defendant: Searchlight Magazine Ltd
Jurisdiction
England and Wales
Judgment Date
12 May 2006
Procedural Posture
Libel / Preliminary Issue on Qualified Privilege
Outcome
Defence of qualified privilege upheld
Legal Topics
Qualified Privilege, Reportage Doctrine, Freedom of Expression, Political Speech
Defamation Media Law Human Rights Qualified Privilege Reportage Doctrine Freedom of Expression Political Speech

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Parties

Christopher Roberts

Claimant

Barry Roberts

Claimant

Gerry Gable

Defendant

Steve Silver

Defendant

Searchlight Magazine Ltd

Defendant

Procedural Posture

Libel / Preliminary Issue on Qualified Privilege

Legal Issues

  1. 1 Whether the defence of qualified privilege applies to the publication of defamatory allegations in the context of political party disputes under the doctrine of reportage.

Ratio Decidendi

The defence of qualified privilege succeeds because the article was a disinterested report of ongoing allegations and counter-allegations within a political party, published in the public interest under the doctrine of reportage. The reporting did not adopt or endorse the allegations, and the public had a legitimate interest in being informed about disputes within a party presenting candidates for election.

Court Disposition

Defence of qualified privilege upheld