February 01 2010
Web Version of Print Article Defamatory

Publication on the Internet of a defamatory article previously published in a print newspaper could render the publisher open to legal action even if the print version was acceptable. This was the surprising conclusion in a recent case against the owners of The Times newspaper. The case concerned an investigation into alleged police corruption conducted by Times journalists. An article based on the investigation was published in June 2006. A subsequent police inquiry into the allegations found no evidence of any wrongdoing. The police officer mentioned in the article commenced proceedings for libel in May 2007, although the results of the police inquiry were not known until September 2007. The officer cited defamatory remarks made in the print and web versions of the article. In defence, the Times claimed ‘qualified privilege’ and ‘public interest’. Qualified privilege means that when any form of legal proceedings such as court cases or public investigations are taking place, the press are entitled to report those proceedings, albeit with certain restrictions. The press may also claim that publication of allegations made against police and other public officials is in the public interest. Both claims were accepted by the court in respect of the print version of the article. However, the web version should have been removed or amended after the results of the police inquiry were made available. Times Newspapers offered to publish a qualification to the web article but the wording suggested was not acceptable to the police officer. Failure to agree on the wording did not help Times Newspapers in its case. The court held that it was its job to make good the article, regardless of the failure to agree on the wording. “This judgment is further proof that web content must adhere to the same strict rules that protect the individual from libellous remarks in print publications,” says Richard Caplan. “It should be remembered that, whereas a print article may be thrown away, web content tends to stay in place indefinitely, sometimes long after the information has become outdated.”