Privilege: Providing Journalists with Protection

Privilege provides us with protection to report on daily routine activities such as going to public meetings, council hearings, tribunals or court. The public interest demands that there should be complete freedom of speech without any risk of proceedings for defamation. As journalists, we are able to broadcast material which may be defamatory or untrue providing we abide by certain conditions.

There are two types of privilege: Absolute and Qualified. When journalists are covering the courts or tribunals they enjoy Absolute Privilege, providing the report is fair, accurate and contemporaneous - as soon as practicable. For instance, a court report should be published in the first issue of a newspaper following the hearing, and for broadcast it should be aired the same day or early the next day.

Privilege does not cover defamatory matters that are shouted out in court from the public gallery. If they are not defamatory it can in libel law be reported safely.

Inquests are also covered by absolute privilege, covered by the Contempt of Court Act. Inquests provide print journalists with strong stories for news in brief. The types of verdicts heard are those of natural causes, accidental death, unlawful killing or an open verdict. I attended an inquest hearing in Southampton last year, which was a good source for online stories, to view the reports click here.

Qualified privilege covers the same protection as absolute, but our reports must also be without malice (meaning without spite) and of public concern (in the public interest).

The term 'qualified' refers to the principle, that the publication is protected in certain circumstances. QP only acts as a defence if the report is fast, accurate, and contemporaneous, in public interest and without malice. We have to be careful to report on things heard outside of the proceedings of the event.

Qualified privilege applies to debates held in public, court proceedings held in public, public meetings and press conferences, council meetings, statements issued for the public by government departments, councils, police etc. and other material that is published by an authority of a government of legislature anywhere in the world.