Tong, J. orcid.org/0000-0001-6843-3177 and Horton, G. (2025) Judicial discourses about journalism in journalism-related judgments in the United Kingdom (UK) since Reynolds. Journal of Media Law. ISSN 1757-7632
Abstract
In the 1999 case of Reynolds v Times Newspapers, a qualified privilege defence was developed to libel action. However, section 4 of the Defamation Act 2013 abolished the defence and replaced it with a new defence of ‘publication on a matter of public interest'. This paper combines n-gram and qualitative approaches to analysing discourses about journalism in 228 journalism-related judgments since Reynolds. Findings suggest a fluctuating increase in cases, particularly in those involving defamation and libel, and a rise in non-news organisations as sole or primary defendants. The acknowledgement of journalism's right to freedom of expression in judicial discourses of journalism weakened over time, placing an increasing emphasis on journalism's responsibilities, ethics, and its watchdog role, particularly after 2013. These changes suggest courts’ evolving interpretations of journalism and related issues, reflecting legal values that could significantly impact journalistic practices, with alarming implications for media freedom in the United Kingdom.
Metadata
Item Type: | Article |
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Authors/Creators: |
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Copyright, Publisher and Additional Information: | © 2025 The Author(s). This is an Open Access article distributed under the terms of the Creative Commons Attribution-NonCommercial-NoDerivatives License (http://creativecommons.org/licenses/by-nc-nd/4.0/), which permits non-commercial re-use, distribution, and reproduction in any medium, provided the original work is properly cited, and is not altered, transformed, or built upon in any way. The terms on which this article has been published allow the posting of the Accepted Manuscript in a repository by the author(s) or with their consent. |
Keywords: | Judicial discourse; N-gram; The Reynolds defence; freedom of expression; privacy |
Dates: |
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Institution: | The University of Sheffield |
Academic Units: | The University of Sheffield > Faculty of Social Sciences (Sheffield) > Department of Journalism Studies (Sheffield) |
Funding Information: | Funder Grant number BRITISH ACADEMY (THE) SRG21\211038 |
Depositing User: | Symplectic Sheffield |
Date Deposited: | 19 Jun 2025 14:45 |
Last Modified: | 19 Jun 2025 14:45 |
Status: | Published online |
Publisher: | Informa UK Limited |
Refereed: | Yes |
Identification Number: | 10.1080/17577632.2025.2502181 |
Open Archives Initiative ID (OAI ID): | oai:eprints.whiterose.ac.uk:228062 |
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Licence: CC-BY-NC-ND 4.0