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ARTICLE · 03 APRIL 2012

Media Relief As Reynolds Privilege Floods Back

On 21 March 2012, The Supreme Court unanimously overturned the decision of the Court of Appeal in the case of Flood v. Times Newspapers Limited.

United KingdomLitigation, Mediation & Arbitration

On 21 March 2012, The Supreme Court unanimously overturned the decision of the Court of Appeal in the case of Flood v. Times Newspapers Limited.  The Court of Appeal had earlier ruled that Times Newspapers Limited ("TNL") was not entitled to rely on the public interest defence known as "Reynolds privilege" to protect its publication of a defamatory article concerning a member of the Metropolitan Police Service ("MPS").

Reynolds privilege takes its name from the case of Reynolds v. Times Newspapers Ltd [2001].  It is essentially a special type of defence, which protects the publication of defamatory material, provided:

  1. Publication of the information is in the public interest; and

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