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Qualified privilege in defamation and the evolution of the doctrine of reportage

Abstract

This article looks at the evolution of the doctrine of reportage, which has emerged as a sub-species of Reynolds v Times Newspapers Ltd [2001] 2 AC 127 qualified privilege as a defence to defamation in English law. It argues that the relationship between these two types of qualified privilege is an uneasy one because although they have some features in common, the emphasis in reportage on the neutral reporting of disputes is quite distinct from Reynolds. The Defamation Act 2013 (UK) does codify the defence to some extent but ignores this complex relationship. There is, however, scope for a limited form of the reportage in situations where the Reynolds defence would not be available

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