NCTJ Court Reporting Practice Exam

What practical step can journalists take to ensure compliance with the absolute privilege defence to defamation?

1. Compiled at the end of the report

2. Include the plea early on

3. Keep details vague

4. Share opinions extensively

The correct answer is: Include the plea early on

Including the plea early on in a report is critical for ensuring compliance with the absolute privilege defence to defamation. This defence applies when statements made in certain contexts – such as during court proceedings or parliamentary debates – are protected from defamation claims, provided they are reported accurately and impartially. By presenting the plea or statement at the outset, journalists not only make it clear that they are accurately reporting on judicial proceedings, but they also help establish the context in which the communication occurs. This approach reinforces the transparency and integrity of the report, demonstrating to the audience that the information presented is based on formal legal discourse, thus availing them of protection under the absolute privilege doctrine. Keeping details vague, sharing opinions extensively, or compiling information at the end of the report could undermine the purpose of the protection, as they may lead to misinterpretation or present a lack of clarity regarding the nature of the statements being reported. Therefore, the prompt and clear inclusion of the plea is essential in maintaining compliance with defamation protections.