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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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London Solicitors Litigation Association—John McElroy

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NEWS
Freezing orders in divorce proceedings can unexpectedly ensnare third parties and disrupt businesses. In NLJ this week, Lucy James of Trowers & Hamlins explains how these orders—dubbed a ‘nuclear weapon’—preserve assets but can extend far beyond spouses to companies and business partners 
A Court of Appeal ruling has clarified that ‘rent’ must be monetary—excluding tenants paid in labour from statutory protection. In this week's NLJ, James Naylor explains Garraway v Phillips, where a tenant worked two days a week instead of paying rent
Thousands more magistrates are to be recruited, under a major shake-up to speed up and expand the hiring process
Three men wrongly imprisoned for a combined 77 years have been released—yet received ‘not a penny’ in compensation, exposing deep flaws in the justice system. Writing in NLJ this week, Dr Jon Robins reports on Justin Plummer, Oliver Campbell and Peter Sullivan, whose convictions collapsed amid discredited forensics, ‘oppressive’ police interviews and unreliable ‘cell confessions’
A quiet month for employment cases still delivers key legal clarifications. In his latest Employment Law Brief for NLJ, Ian Smith reports that whistleblowing protection remains intact even where disclosures are partly self-serving, provided the worker reasonably believes they serve the ‘public interest’ 
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