header-logo header-logo

Read all about it

10 August 2012 / Iain Goldrein KC
Issue: 7526 / Categories: Opinion , Media
printer mail-detail

How can a balance be struck between protecting investigative journalism & safeguarding the public, asks Iain Goldrein QC

There is an obvious tension between protecting the integrity of genuine investigative journalism and safeguarding the public against criminality. Criminal offences most likely to be committed in cases affecting the media are set out in the appendix of the DPP’s Interim Guidelines. What is to happen when a journalist is arrested under suspicion of committing any such crimes? Is the journalist to be charged? Can the journalist fend off being charged, by arguing “public interest”? If yes—how, and when?

In criminal law, there is no overriding “public interest” defence. For the journalist looking for the enactment of an overriding defence of “public interest”, the advice has to be: don’t hold your breath. The House of Lords Select Committee on the future of investigative journalism (report, 16 February 2012) does not recommend there be enacted such a defence. The difficulty challenging a journalist goes further: there is no definition in law of what constitutes the “public

If you are not a subscriber, subscribe now to read this content
If you are already a subscriber sign in
...or Register for two weeks' free access to subscriber content

MOVERS & SHAKERS

Gilson Gray—Linda Pope

Gilson Gray—Linda Pope

Partner joins family law team inLondon

Jackson Lees Group—five promotions

Jackson Lees Group—five promotions

Private client division announces five new partners

Taylor Wessing—Max Millington

Taylor Wessing—Max Millington

Banking and finance team welcomes partner in London

NEWS
The landmark Supreme Court’s decision in Johnson v FirstRand Bank Ltd—along with Rukhadze v Recovery Partners—redefine fiduciary duties in commercial fraud. Writing in NLJ this week, Mary Young of Kingsley Napley analyses the implications of the rulings
Barristers Ben Keith of 5 St Andrew’s Hill and Rhys Davies of Temple Garden Chambers use the arrest of Simon Leviev—the so-called Tinder Swindler—to explore the realities of Interpol red notices, in this week's NLJ
Mazur v Charles Russell Speechlys [2025] has upended assumptions about who may conduct litigation, warn Kevin Latham and Fraser Barnstaple of Kings Chambers in this week's NLJ. But is it as catastrophic as first feared?
Lord Sales has been appointed to become the Deputy President of the Supreme Court after Lord Hodge retires at the end of the year
Limited liability partnerships (LLPs) are reportedly in the firing line in Chancellor Rachel Reeves upcoming Autumn budget
back-to-top-scroll