Charman v Orion Group Publishing Group Ltd & Ors

Charman v Orion Group Publishing Group Ltd & Ors

The Court of Appeal held that the book 'Bent Coppers' was a product of responsible journalism on a matter of grave public interest. The author, McLagan, conducted careful research, presented the allegations with appropriate context, included denials, and exercised professional editorial judgment. The criticisms of imbalance or omission did not undermine the overall responsibility of the journalism. The standards of responsible journalism, as clarified in Jameel, were met. The passages complained of were protected by qualified privilege under the Reynolds defence. The reportage defence did not apply, but the statutory privilege point was unnecessary to decide. The appeal was allowed and...

Parties
Respondent: Michael Charman; Appellant: Orion Group Publishing Group Ltd; Appellant: Orion Books Ltd; Appellant: Graeme McLagan
Jurisdiction
England and Wales
Judgment Date
10 October 2007
Procedural Posture
Civil Appeal (libel) / Appeal From Queen’s Bench Division to Court of Appeal
Outcome
Appeal allowed; claim dismissed
Legal Topics
Qualified Privilege, Responsible Journalism, Reynolds Defence, Reportage, Statutory Privilege, Balance of Article 8 and Article 10 ECHR
Defamation Media Law Tort Law Qualified Privilege Responsible Journalism Reynolds Defence Reportage Statutory Privilege +1 more

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Parties

Michael Charman

Respondent

Orion Group Publishing Group Ltd

Appellant

Orion Books Ltd

Appellant

Graeme McLagan

Appellant

Procedural Posture

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

Legal Issues

  1. 1 Whether the publication of defamatory material in the book 'Bent Coppers' is protected by qualified privilege under the Reynolds defence of responsible journalism and/or reportage; whether the book's treatment of the allegations against Charman met the standards of responsible journalism; whether the statutory privilege for fair and accurate reports of proceedings applies.

Ratio Decidendi

The Court of Appeal held that the book 'Bent Coppers' was a product of responsible journalism on a matter of grave public interest. The author, McLagan, conducted careful research, presented the allegations with appropriate context, included denials, and exercised professional editorial judgment. The criticisms of imbalance or omission did not undermine the overall responsibility of the journalism. The standards of responsible journalism, as clarified in Jameel, were met. The passages complained of were protected by qualified privilege under the Reynolds defence. The reportage defence did not apply, but the statutory privilege point was unnecessary to decide. The appeal was allowed and...

Court Disposition

Appeal allowed; claim dismissed

Orders

  • The appeal is allowed.
  • The passages in 'Bent Coppers' of which Charman complains are protected by qualified privilege.