LEGAL PRINCIPLE: TORT LAW – Defamation – Qualified Privilege – Basis of Privilege for Newspaper Reports
PRINCIPLE STATEMENT
Newspapers and other publications which report what transpires in our courts are to a certain extent, privileged. They serve the cause of public justice on such occasions through their accounts of judicial proceedings but their privilege must be limited to occasions in which they publish fairly what passes in the courts. The basis of the privilege lies not in the circumstances that the proceedings reported are judicial but that it is in the public interest that all such proceedings shall be fairly reported.
RATIO DECIDENDI (SOURCE)
Per Ogwuegbu, JSC, in Emeagwara v. Star Printing and Publishing Co. Ltd. & Ors (2000) NLC-1681994(SC) at pp. 11–12; Paras D–A.
"Newspapers and other publications which report what transpires in our courts are to a certain extent, privileged. They serve the cause of public justice on such occasions through their accounts of judicial proceedings but their privilege must be limited to occasions in which they publish fairly what passes in the courts. The basis of the privilege lies not in the circumstances that the proceedings reported are judicial but that it is in the public interest that all such proceedings shall be fairly reported."
EXPLANATION / SCOPE
Qualified privilege for reporting judicial proceedings rests on public interest, not merely the judicial nature of proceedings. The public has a right to know what transpires in courts. Newspapers serve the cause of public justice by disseminating information. However, privilege is limited to fair reports—distortion or unfairness destroys protection. The privilege encourages transparency while protecting reputations from malicious or inaccurate reporting. The basis is the public benefit from open justice. Reports must be substantially accurate and balanced. Sensationalism or selective reporting may exceed the privilege’s scope.