30-05-2022, 12:07
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#1575
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laeva recumbens anguis
Cable Forum Team
Join Date: Jun 2006
Age: 67
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Posts: 42,099
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Re: Police to get tough on internet trolls.
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Originally Posted by Hom3r
IIRC what's said in court is libel free,
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Only if relevant, or reported contemporaneously…
https://www.carruthers-law.co.uk/art...ute-privilege/
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Interestingly, it wouldn’t apply if a statement was made in the proceedings which was not relevant to the claim, so for example, if, as in the case of Seaman v Netherclift (1876 (2CPD53). A witness was asked: “Where you at York on a certain day?” The witness replied, “Yes, and AB picked my pocket there.” That would not have the protection of absolute privilege as it was entirely unconnected to the proceedings.
Privilege extends to documents in the proceedings, such as statements, court documents, particulars of claim, defence. However, documents produced in the proceedings which do not have a link with them would not be protected.
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Quote:
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A fair and accurate report of judicial proceedings heard in public, and which are published contemporaneously with those proceedings, is absolutely privileged, under section 14 of the Defamation Act 1996. Contemporaneous publications would be those that are heard as soon as is practicable, after publication is permitted. For example, if a newspaper is published daily, then it would be contemporaneous if it was published in the next edition. In the same way, if an edition was weekly or monthly, then it would be termed contemporaneous to publish in the next weekly or monthly edition.
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