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

Pillsbury—Lord Garnier KC

Pillsbury—Lord Garnier KC

Appointment of former Solicitor General bolsters corporate investigations and white collar practice

Hall & Wilcox—Nigel Clark

Hall & Wilcox—Nigel Clark

Firm strengthens international strategy with hire of global relations consultant

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Slater Heelis—Sylviane Kokouendo & Shazia Ashraf

Partner and associate join employment practice

NEWS
The government’s plan to introduce a Single Professional Services Supervisor could erode vital legal-sector expertise, warns Mark Evans, president of the Law Society of England and Wales, in NLJ this week
Writing in NLJ this week, Jonathan Fisher KC of Red Lion Chambers argues that the ‘failure to prevent’ model of corporate criminal responsibility—covering bribery, tax evasion, and fraud—should be embraced, not resisted
Professor Graham Zellick KC argues in NLJ this week that, despite Buckingham Palace’s statement stripping Andrew Mountbatten Windsor of his styles, titles and honours, he remains legally a duke
Writing in NLJ this week, Sophie Ashcroft and Miranda Joseph of Stevens & Bolton dissect the Privy Council’s landmark ruling in Jardine Strategic Ltd v Oasis Investments II Master Fund Ltd (No 2), which abolishes the long-standing 'shareholder rule'
In NLJ this week, Sailesh Mehta and Theo Burges of Red Lion Chambers examine the government’s first-ever 'Afghan leak' super-injunction—used to block reporting of data exposing Afghans who aided UK forces and over 100 British officials. Unlike celebrity privacy cases, this injunction centred on national security. Its use, the authors argue, signals the rise of a vast new body of national security law spanning civil, criminal, and media domains
back-to-top-scroll