Qualified privilege is a defence for the publication of certain types of information that are in the public interest. There is no requirement for the publisher to prove the information is true.
The defence applies to media reports of press conferences, Parliamentary debates held in public and, public meetings of councils. It also applies to media reports of statements issued for the public by government, councils, police etc. QP protects non-contemporaneous reports of court cases, including references to people’s past convictions.
For absolute privilege, the publisher’s motive is irrelevant but for qualified privilege, if the claimant can show malice the defence fails.
Requirements/key points:
- Fair and accurate, without malice, and in the public interest
- Is there a requirement to publish explanation or contradiction? -An example of QP without explanation or contradiction would be proceedings of a legislature anywhere in the world.
An example of QP with explanation or contradiction would be material reported at a public meeting
- Statute only protects a report of the occasion, not statements said out of the environment
- Reports of public meetings, press conferences, scientific and academic conferences held anywhere in the world
- Documents handed out in public meetings or press conferences have QP
- Not all authorities are covered but some are covered by privilege at common law
- Verbal comments by press officers are generally covered by QP
- Disciplinary actions by private associations
Inquests are court hearings, and so are covered by the law of contempt of court, which can affect media coverage.
Tribunals can make temporary anonymity orders in cases involving sexual misconduct. Contempt law applies to tribunals that are classed as a court. Media reports of the public proceedings are protected by QP and by absolute privilege when reports are contemporaneous.
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