Times Wins Appeal Over Reynolds Defence

The Times has won its appeal over the Reynolds responsible journalism defence in its libel battle with a police officer.

The Supreme Court yesterday unanimously overturned a July 2010 finding by the Court of Appeal that Mr Justice Tugendhat had got it wrong when, in October 2009, he said that The Times was protected by the Reynolds defence in relation to a story reporting that Metropolitan Police Detective Sergeant Gary Flood was the subject of an investigation into possible corruption.

The Court of Appeal had held that the story could not be protected by the Reynolds defence because it contained information which was extremely damaging to Det Sgt Flood’s reputation, and because the journalists had failed to verify the allegations it contained.

Lord Phillips, President of the Supreme Court, said the seriousness of the allegation being made was an important factor in the assessment of where the balance was to be struck between the desirability that the public should receive information and the potential harm caused if an individual was defamed.

The judge said that each case turned on its own facts and the overriding test was that of responsible journalism.

“The story, if true, was of high public interest. That interest lay not merely in the fact of police corruption, but in the nature of that corruption”, he said.

It was also in the public interest that Det Sgt Flood be named because he would be identified in any event by his fellow officers and other members of the unit might otherwise come under suspicion.

On the question of verification, Lord Phillips said that the journalists were justified in concluding that there was a strong circumstantial case against the officer. They had been reasonably satisfied, on the basis both of the supporting facts and of the action of the police, that there was a serious possibility that he had been guilty of corruption.

“Contrary to the decision of the Court of Appeal, I consider that the requirements of responsible journalism were satisfied”, Lord Phillips said