Qualified privilege

The Galloway case:

The Daily Telegraph lost the case after making serious defamatory allegations against George Galloway, including elements of malice with no Justification, comment or QP. The reason for losing the case was that journalists failed the ’10 point test’, mainly because the paper did not put all its allegations to Galloway for him to deny before the information was published.

Qualified Privilege is a type of defense again libel taken in defamation actions. It is also available in situations where it is considered important that the facts should be known in the public interests. There are two types of QP: Statutory qualified privilege and Common Law qualified privilege.

Statutory qualified privilege can be used in certain circumstances, such as court reporting, public and council meetings reporting and reports of police statements. The published report has to be accurate, fair and free of malice. There is also a requirement for Statutory qualified privilege which states that the matter published must be a matter of public concern, the publication of which is for the public benefit.

However, Privilege at common law can be applied in situations where the law protects defamatory statements that are untrue, for the convenience of the public. For example, it applies when a person makes a defamatory statement in the performance of legal, moral, or social duty to a person who has corresponding duty or interest in receiving it.

10 point test is another way of defence:

1.The case has to be serious- the more serious allegation, the more protection will be applied.
2.The nature of information
3.The source of information
4.The status of information
5.Evidence is essential
6.The urgency of the matter
7.A comment from the claimant is needed
8.The tone of the article- it has to be written in a balanced language
9.It has be to published immediately
10.A claimant has to have a chance to deny it.