16 October 2006

Michael Simkins

http://www.simkins.co.uk

Jameel v Wall Street Journal - House of Lords

Jameel - a victory for responsible journalism

On 11 October 2006 the House of Lords, in a landmark ruling, unanimously overturned the decision of the High Court and Court of Appeal and allowed the defence of the Wall Street Journal Europe; effectively upholding the public interest defence in libel actions.

The decision represents an affirmation of the House of Lords' decision in Reynolds v. Times Newspapers Limited in 2001 which was hailed as a victory for freedom of speech and investigative journalism, however until now had not provided a clear public interest protection from claims in libel.

The offending article was published in the Wall Street Journal Europe and claimed that the Saudi Arabian authorities were monitoring bank accounts of prominent Saudis for evidence of supporting terrorism, knowingly or not, at the behest of the US Government.

The article included the Abdul Latif Jameel Group as being on the list of monitored accounts. The main company in that group, and it's president Mohammed Jameel, sued for libel.

The lower courts had allowed Jameel's claim to succeed, taking a narrow interpretation of the Reynolds privilege defence.

But the Lords held that the Nicholls list in the Reynolds case, of 10 matters which journalists could consider in deciding whether the reporting was responsible, was not a hurdle to establishing the defence, but rather guidance as to what matters would be considered in deciding whether a journalist had acted reasonably. The Lords stressed that a "flexible and practical" approach should be taken in assessing whether the Reynolds privilege is made out in any case.

This decision greatly enhances the position for responsible investigative journalism on matters of public importance.

The Lords also held that corporate claimants do not have to prove financial loss to maintain a libel claim; a restatement of the present position.

Catherine Fehler
282

This update is © Michael Simkins LLP. It is for general guidance only. Legal advice should be sought before taking action in relation to specific matters. Where reference is made to Court decisions facts referred to are those reported as found by the Court.

Visit our website at http://www.simkins.co.uk or contact us at earlywarnings@simkins.com for more information about Michael Simkins LLP media law services.

Jobs Now LEGAL DIRECTOR Sought for challenging in-house position with Myspace, the online space which has revolutionized the way people interact, as sole attorney in their London office More >> HEALTHCARE LAWYER With at least 5 years PQE sought by Capsticks, a leading healthcare practice, to drive forward the development of their Birmigham based office More >> PI PARALEGAL Required by Plexus Law, a specialist PI firm, to provide in-house support to the Motor Claims Department in their Folkstone offices More >> NETWORK ENGINEER Sought by Personnel 2000 for their client, an international banking insurance provider, based in the Cayman Islands More >> LEGAL SECRETARY Required by Law Choice for their client, a prestigious US law firm, to work for 2 partners in their Dubai offices More >>

Legalday Related Pages

Contact

Michael Simkins
http://www.simkins.co.uk

More Commentaries From
Michael Simkins

New Maternity Rights
12 April 2007

Managed Service Companies
11 April 2007

Legal Privilege - When It Applies
30 March 2007

More Commentaries from
Michael Simkins

Author/Firm Profile
Michael Simkins