ABSTRACT
One of the most topical issues in defamation law is the extent to which qualified privilege provides a defence for publication by the media of material which, by virtue of its subject matter, can be said to be in the public interest. If the defence were available, the media could rely on qualified privilege instead of having to rely on the defences of justification or fair comment. Until very recently, the prevailing view was that public interest defence would tip the balance too far in favour of defendants who would no longer be required to prove the truth of what they publish in order to successfully defend an action. This was articulated by Canter J in London Artists Ltd v Littler:120
The Neill Committee agreed. It thought that ‘the media are adequately protected by the defences of justification and fair comment at the moment, and it is salutary that these defences are available to them only if they have got their facts substantially correct’.121
