Advanced Media Law - QUALIFIED PRIVILEGE

Law - Qualified Privilege / Absolute Privilege

 Available as a defence is public interest is considered more important than the risk of defamation

Credit Suisse 'aided' US tax evaders - example

Annual General Meetings

Qualified = has to be in the meeting/said by a report

Reports must be fair, accurate and without malice and a matter of public interest

Part 1 areas

Public proceedings

UN etc

Part 2

Subject to explanation and contradiction

Public meetings

Local councils and committees

Tribunals

General meetings

Company documents or extracts

Associations have different status

Findings or decisions are covered

Proceedings are not

Press conferences

Public meetings

Written handouts also covered

Risks of live broadcasting

Delay

No privilege outside of main proceedings

Inquests

Conducted by coroners

Legal procedure to establish if the cause of death appears 'violent or unnatural'

Does not rule on who may be responsible

Inquest juries

In exceptional cases where

Deceased was in state detention

Death result of action by police

Result of workplace accident

Types of verdict

Narrative verdicts - increasingly common

Short form - natural causes, misadventure, accidental death, dependence on drugs

Unlawful killing to open verdict

Media rules

Inquest is court proceeding so protected by absolute privilege

Covered by contempt of court act - no publishing of prejudicial material

Coroner can impose reporting limits

Ethics and treasure

Be are of bereaved families in your coverage - not all the detail

Coroners must decide whether found objects are 'treasure' and subject to reward