Reynolds defence

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Qualified Privilege publications for the public benefit.

This defence applies where it is clear journalists have a duty to publish allegations even though they turn out be wrong. This is known as the ‘Reynolds Defence’ from a House of Lords case in 1999. This means that journalists have a defence when they make a mistake as long as they are not motivated by malice. But the courts will investigate the conduct of the journalist and the content of the publication.

A Privy Council ruling has also suggested that the courts should investigate what the journalist intended to write as opposed to the actual defamatory meaning of the publication.

The judges will evaluate it in the light of Lord Nicholls’ 10 criteria that he set out in his ruling.

Unfortunately for journalists only judges can decide whether a publication is entitled to this class of qualified privilege defence.

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