Public Interest Defence Reviewed

Since it is characterised as a public interest defence, the

most important impact of the Reynolds defence is in the area of

politics. If a politician can be the subject of untrue and

defamatory factual allegations, and have no means of

challenging them, then the decisions which are made as to

whether to vote for him or his party may be based on false

information.

The Factual Background

This is the issue that arose in this case, where issues of

race also arose. The claimant (Shahid Malik) is the MP for

Dewsbury and Mirfield, and a Minister at the Department of

Overseas Development. The first defendant was the publisher of

the Dewsbury Press, the second defendant being the editor of

the newspaper and the third defendant a political rival

(Jonathan Scott - a Conservative councillor standing for

re-election in the Dewsbury area). Mr Scott was the source of

the allegations, which were prompted by his unsuccessful

campaign to be re-elected.

A thwarted and disgruntled political rival might not be

thought the most reliable source of information on which to

make serious allegations against an MP and Minister. When the

malcontent is also of a different race and community, then it

would be reasonable to suspect that his criticisms of the

victor in the election process might not be entirely

disinterested. The denial by Mr Scott that there was any

element of "sour grapes in any way at all" might also

be one which engenders some doubt given the gravely defamatory

meanings of the article ascribed to it by the claimant. Mr

Malik claimed that the article meant that he had organised and

directed gangs of Asian thugs to disrupt the voting; threatened

and intimidated voters thereby committing serious criminal

offences; exhorted and put improper pressure on voters to vote

according to ethnic or religious affiliations thereby knowingly

fuelling unrest and causing tension and racial divisions within

the community; and that he was a racist and a dangerous

extremist who was unfit to hold public office.

The Public Interest Defence

Clearly any interested person, especially someone seeking

elected office, must be permitted to make such allegations

either to the Electoral Commission, the police, or some

official body. Equally, if such complaints are made, it must

(no less obviously) be not only the right but the duty of the

press to report the outcome. The issue before the court was

whether the very serious allegations made to the general public

both by Mr Scott and...