Burgon MP v News Group Newspapers Ltd & Anor

Burgon MP v News Group Newspapers Ltd & Anor

The online article was defamatory of Mr Burgon, stating he joined a band which as he knew took great pleasure in using Nazi symbols, causing serious harm to his reputation. The defence of truth failed as the band did not take great pleasure in using Nazi symbols and the image was a parody of a Black Sabbath album cover. The defence of honest opinion failed as the meaning was one of fact, not opinion. The public interest defence failed because the article omitted reference to the Black Sabbath source despite being informed. The claim for malicious falsehood failed as the defendant acted honestly. The Data Protection Act claim added nothing given the libel finding.

Parties
Claimant: Richard Burgon MP; Defendant: News Group Newspapers Limited; Defendant: Thomas Zoltan Newton Dunn
Jurisdiction
England and Wales
Judgment Date
06 February 2019
Procedural Posture
Civil / Judgment After Trial
Outcome
Claim for libel in respect of the online article succeeds; claims for malicious falsehood and breach of Data Protection Act dismissed/not addressed.
Legal Topics
Libel, Malicious Falsehood, Data Protection Act, Serious Harm, Honest Opinion, Public Interest Defence, Damages, Injunction
Defamation Media Law Data Protection Libel Malicious Falsehood Data Protection Act Serious Harm Honest Opinion +3 more

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Parties

Richard Burgon MP

Claimant

News Group Newspapers Limited

Defendant

Thomas Zoltan Newton Dunn

Defendant

Procedural Posture

Civil / Judgment After Trial

Legal Issues

  1. 1 What is the defamatory meaning of the online article?
  2. 2 Did the publication cause or was it likely to cause serious harm to the claimant's reputation?
  3. 3 Was the publication substantially true?

Ratio Decidendi

The online article was defamatory of Mr Burgon, stating he joined a band which as he knew took great pleasure in using Nazi symbols, causing serious harm to his reputation. The defence of truth failed as the band did not take great pleasure in using Nazi symbols and the image was a parody of a Black Sabbath album cover. The defence of honest opinion failed as the meaning was one of fact, not opinion. The public interest defence failed because the article omitted reference to the Black Sabbath source despite being informed. The claim for malicious falsehood failed as the defendant acted honestly. The Data Protection Act claim added nothing given the libel finding.

Court Disposition

Claim for libel in respect of the online article succeeds; claims for malicious falsehood and breach of Data Protection Act dismissed/not addressed.

Orders

  • Damages of £30,000 awarded to claimant
  • Injunction granted restraining further publication of the online article