Court Of Appeal Overturns Decision To Strike Out The Defendant's Defence Of Public Interest In Libel Proceedings Brought By TV Presenter Rachel Riley

• Published date: 17 June 2021
• Subject Matter: Litigation, Mediation & Arbitration, Media, Telecoms, IT, Entertainment, Libel & Defamation, Media & Entertainment Law, Publishing
• Law Firm: Wiggin
• Author: Mr Matthew Dando

In January 2019 Michael Sivier, a political journalist, published an article about Rachel Riley, the well-known television presenter, under the heading "Serial abuser Rachel Riley to receive 'extra protection' - on grounds that she is receiving abuse". The Article referred to statements Ms Riley had reportedly made in or via the national media about online abuse of which she had been the victim. It made a number of allegations about Ms Riley's own online behaviour, including a suggestion that she herself was a "serial abuser", and assertions about her conduct towards a teenage girl called Rose who was said to have received death threats. Mr Sivier told readers that evidence in support of what he was telling them was to be found in two external articles, to which hyperlinks were provided.

Ms Riley sued for libel. At a trial of preliminary issues Nicklin J determined that the meaning of the Article was partly factual and partly an expression of opinion and that the meaning as a whole was defamatory at common law. In the Defence, Mr Sivier relied on truth, honest opinion, and publication on a matter of public interest under ss 2, 3 and 4 of the Defamation Act 2013 respectively. Ms Riley's application to strike out all those defences was granted by Collins Rice J. Mr Sivier appealed against the striking out of the public interest defence.

Lord Justice Warby noted that in support of the defence of truth, Mr Sivier had relied on a large number of tweets posted by Ms Riley, Rose and others, and on three media publications, which referred to the two external articles mentioned above. In support of the public interest defence, he had relied on only some of the tweets, as well as the three media publications and the two external articles.

Warby LJ stated that to succeed on a public interest defence, a defendant must establish: (i) that the statement is on, or is part of a statement on, some matter of public interest; (ii) that the defendant believes that publishing the statement complained of is in the public interest; and (iii) that the defendant's belief is reasonable.

Warby LJ observed that in her application to strike out the defences, Ms Riley had relied primarily on the defence of truth, asserting that if the facts relied on in that defence were incapable of supporting it, then the public interest defence "cannot have been reasonably believed". Therefore, everything turned on the defence of truth. Collins Rice J had agreed, making only the following finding...