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Common
law privilege
This is for circumstances where there is legal
protection to defamatory statements that are untrue for
the common convenience and welfare of society. For example
this is used when a defamatory statement is made by someone undertaking
their legal, moral or social duty to a person who has a
corresponding duty or interest in receiving it. Common law
protection also stretches to anyone making a defamatory
statement in reply to an attack on his/her character.
There is also qualified protection for fair and accurate
reports of judicial proceedings in the UK and reports on
the British parliament.
If a newspaper is to use
common law as a defence, it may have to prove that the
allegation comes from a reliable source and that it has
been carefully checked and verified.
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