Serafin v Malkiewicz

The statutory defence of publication on a matter of public interest requires a reasonable belief that publishing the statement was in the public interest, judged by reference to what the publisher did.

Citation
[2020] UKSC 23, [2020] 1 WLR 2455
Court
Supreme Court
Year
2020
Subject
Tort Law
Topic
Defamation and privacy

Facts

Mr Serafin ran a business importing goods into the United Kingdom from Poland. A Polish language newspaper in London published an article making various allegations against him, including that he had swindled members of the Polish community and was a violent person. He sued for libel. The judge rejected his claim, partly on the basis of the defence of publication on a matter of public interest, under section 4 of the Defamation Act 2013, but the trial was conducted unfairly because of the judge's hostile approach to Mr Serafin.

Legal principle

The Supreme Court ordered a retrial, because the trial had been unfair. Lord Wilson considered the defence in section 4 of the Defamation Act 2013, which requires the defendant to show that the statement was, or formed part of, a statement on a matter of public interest, and that he reasonably believed that publishing the statement complained of was in the public interest. He said that the defence was based on the common law Reynolds defence, and that the court should consider whether the publisher's belief was reasonable, which may include considering whether the publisher had taken steps to verify the allegations and to seek the claimant's response, although the Reynolds factors are not a checklist.

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This summary is for study and revision and is not legal advice. Although our case summaries are checked for accuracy, we do not guarantee that they are free from errors or omissions. Always read the full judgment for the court's reasoning.

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