Flood v Times Newspapers Limited

Flood v Times Newspapers Limited

The Supreme Court held that Times Newspapers Limited was protected by Reynolds privilege in publishing the article about Sergeant Flood. The subject matter—alleged police corruption—was of high public interest, and the journalists took reasonable steps to verify the information, including seeking comment from all parties and relying on circumstantial evidence and police actions. The inclusion of details and naming Sergeant Flood were justified in the context of responsible journalism. The requirements of responsible journalism were satisfied, and the balance between freedom of expression and protection of reputation was properly struck. The appeal was allowed, restoring the trial judge's...

Parties
Respondent: Sergeant Gary Flood; Appellant: Times Newspapers Limited
Jurisdiction
England and Wales
Judgment Date
21 March 2012
Procedural Posture
Defamation Appeal / Supreme Court Judgment on First Limb of Appeal
Outcome
Appeal allowed; judgment of Tugendhat J restored on the first limb of the appeal.
Legal Topics
Reynolds Privilege, Responsible Journalism, Public Interest Defence, Verification in Defamation, Freedom of Expression, Protection of Reputation
Defamation Media Law Human Rights Reynolds Privilege Responsible Journalism Public Interest Defence Verification in Defamation Freedom of Expression +1 more

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Parties

Sergeant Gary Flood

Respondent

Times Newspapers Limited

Appellant

Procedural Posture

Defamation Appeal / Supreme Court Judgment on First Limb of Appeal

Legal Issues

  1. 1 Whether Times Newspapers Limited is protected from liability in defamation under Reynolds privilege for publishing allegations of police corruption against Sergeant Flood
  2. 2 Whether it was in the public interest to publish the details of the allegations and to name Sergeant Flood
  3. 3 What steps of verification are required for responsible journalism in such cases

Ratio Decidendi

The Supreme Court held that Times Newspapers Limited was protected by Reynolds privilege in publishing the article about Sergeant Flood. The subject matter—alleged police corruption—was of high public interest, and the journalists took reasonable steps to verify the information, including seeking comment from all parties and relying on circumstantial evidence and police actions. The inclusion of details and naming Sergeant Flood were justified in the context of responsible journalism. The requirements of responsible journalism were satisfied, and the balance between freedom of expression and protection of reputation was properly struck. The appeal was allowed, restoring the trial judge's...

Court Disposition

Appeal allowed; judgment of Tugendhat J restored on the first limb of the appeal.

Orders

  • Times Newspapers Limited is protected by Reynolds privilege for the publication up to 5 September 2007.
  • The second limb of the appeal (regarding continued publication after 5 September 2007) was adjourned for further submissions if requested.