Qualified and Absolute Privilege

Qualified Privilege 

Privilege is about what we can say outside of court. This includes our rights to report from a public meeting, local councils, committees, tribunals etc. These meetings provide us with stories as long as they are written in accordance to the rules of fast’, accurate and fair’. After the meeting ends anything said cannot be reported as you have no protection.

Privilege  
Your report must be: 

• Fair 
• Accurate
• Fast
• In the public interest
• Without malice 

Other occasions where qualified privilege arises would be in an annual general meeting (share holders). The share holders may defame the company but as a journalist we have qualified privilege to report this.

We are allowed to report the facts from the meetings that would be in the public interest. E.g. A story on the BBC news website today (26 Feb) ‘Credit Suisse allegedly helping wealthy US customers conceal their Swiss bank accounts to avoid paying billions of dollars in American taxes. The headline was: ‘Credit Suisse 'aided' US tax evaders’. http://www.bbc.co.uk/news/business-26335432

This is a defamatory statement but it can be printed due to Qualified Privilege.

Privilege part 1: No problem, no issue.         

Privilege Part 2: subject to explanation and contradiction-Public meetings, local councils and committees, tribunals, inquiries.    

Absolute privilege- This is another type of privilege which allows us to report from courts and legal proceedings. Again the report must be fair, accurate and fast.    

Pressers 

• Pressers are public meetings (Lords 2000)
• Written handouts also covered
• Consider risks of live broadcasting.
• There is no privilege outside main proceeding (e.g. illegal dog breeder)   
  

Inquests
The media rules that an inquest is protected by absolute privilege, covered by contempt of court art.    

Types of verdicts:

• Narrative
• Short form- natural causes, misadventure, accidental death, dependence on drugs. Unlawful killing or an open verdict.