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Charman v Orion Publishing Group Ltd [2008] 1 All ER 750

Country:
United Kingdom
  • Defendant published a book that claimed Plaintiff had been a corrupt police officer.

  • Qualified privilege failed since the “duty” element (i.e. journalistic standards) had not been fulfilled.

  • The burden of proving journalistic standards had been upheld was on Defendant. CA reasserted the interest-duty test.

  • The factors set out in Reynolds for determining this were indicators, not hurdles/formal requirements, and weight should be given to the journalists professional judgment. Reynolds should be viewed as striking a balance between articles 8 and 10 ECHR, coming down more on the side of free speech. 

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