Criticising Government: Is It Safe? - Public Authorities and the Right to Sue for Libel

A November 2010 case provides a warning for journalists and others who think they are on totally safe ground criticising the workings of public bodies like local authorities.

Since the 1990s, it has been settled that a local authority or other unincorporated government body cannot sue for libel (in contrast, for instance, to a Limited Company which may start defamation proceedings).

This was the effect of the case of Derbyshire CC v Times Newspapers Ltd (1993) AC 534 HL which concerned reports about allegedly improper investments by Derbyshire County Council.

However, a High Court ruling in November 2010 highlights that individuals in a government organisation may nevertheless be able to sue for libel, if the allegations are such as to...