Loutchansky v Times Newspapers Ltd (No 2) [2002] QB 783

Defendant published articles in a newspaper and on its internet site claiming that Plaintiff was involved in criminal activities and Plaintiff sued Defendant for defamation.

Defendant tried to run the duty/interest defence so that qualified privilege would be established.

CA allowed a qualified privilege under the duty-interest test: interest was that of the public in a modern democracy in free expression and in the promotion of a free and vigorous press to keep the public informed, and the corresponding duty on the journalist, and his editor, was to behave responsibly.

On interest, the question is whether there was a public interest in the article, true or false, being published, NOT whether it was in the public interest to publish an untruth.

• However, the internet article did not receive privilege since it remained unchanged for over a year even when its falsehood was known, which failed to satisfy the responsible journalism duty.