Media Law - Qualified Privilege

Privilege allows us as journalists to write or broadcast material which may be defamtory,  untrue, or even both at the same time. It gives us protection from being sued. There are two types of privilege, absolute privilege and qualified privilege.

You have qualified privilege as long as your report is fair, accurate and contemporaneous. Fair would mean that in a court report you would report everything that was said that said in court that day and if for example the prosecution were giving evidence, then you would report all the evidence giving a fair account and then as long as you write/say "the trial continues",then that gives balance and makes the report fair. Accurate would mean that you have to accurately report what was said in court not just roughly what was said- this is where the skill of shorthand comes in very handy. Contemporaneous means that the report must go out in the first available bulletin after the events in court. For a newspaper this might be the following day. However for a news broadcast programme this might be that evening. The report must also be without malice and on a matter of public concern.

There are two levels of qualified privilege -

1.Without explanation or contradiction such as -

• Public proceedings in a legislature anywhere in the world (For example Russia)
• Public proceedings in a court anywhere in the world
• Public proceedings of a public inquiry anywhere in the world
• Public proceedings of an international organisation or conference

2. With or 'subject to' explanation or contradiction such as -

• Public meetings - Findings or decisions are also covered
• Local councils and committees - Findings or decisions are also covered

Findings or decisions in these meetings are also covered, as are written handouts.

In summary your report must be fair, accurate, contemporaneous, without malice and on a matter of public interest. It is also worth noting that you have NO privilege outisde main proceedings, so no protecion for speeches outside the court/meeting or phone calls etc.