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10 August 2012 / Iain Goldrein KC
Issue: 7526 / Categories: Opinion , Media
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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

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MOVERS & SHAKERS

Arc Pensions Law—Matthew Swynnerton

Arc Pensions Law—Matthew Swynnerton

Chair of the Association of Pension Lawyers joins as partner

Ampa Group—Kamal Chauhan

Ampa Group—Kamal Chauhan

Group names Shakespeare Martineau partner head of Sheffield office

Blake Morgan—four promotions

Blake Morgan—four promotions

Four legal directors promoted to partner across UK offices

NEWS

The abolition of assured shorthold tenancies and section 21 evictions marks the beginning of a ‘brave new world’ for England’s rental sector, writes Daniel Bacon of Seddons GSC

Stephen Gold’s latest Civil Way column rounds up a flurry of procedural and regulatory changes reshaping housing, alternative dispute resolution (ADR) and personal injury litigation
Patients are being systematically failed by an NHS complaints regime that is opaque, poorly enforced and often stacked against them, argues Charles Davey of The Barrister Group
A wealthy Russian divorce battle has produced a sharp warning about trying to challenge foreign nuptial agreements in the wrong English court. Writing in NLJ this week, Vanessa Friend and Robert Jackson of Hodge Jones & Allen examine Timokhin v Timokhina, where the High Court enforced Russian judgments arising from a prenuptial agreement despite arguments based on the landmark Radmacher decision
An obscure Victorian tort may be heading for an unexpected revival after a significant Privy Council ruling that could reshape liability for dangerous escapes, according to Richard Buckley, barrister and emeritus professor of law at the University of Reading
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