Qualified privilege at election

Culnane v Morrison and another [2005] EWHC 2438 (QB); NLJ 25 November

Section 10 of the Defamation Act 1952 provides: ‘A defamatory statement published by or on behalf of a candidate in any election to a local Government authority, to the Scottish Parliament or to Parliament shall not be deemed to be published on a privileged occasion on the grounds that it is material to a question in issue in the election, whether or not the person by whom it was published is qualified to vote at the election.’ Section 10 is to be interpreted in the light of the Human Rights Act 1998, meaning that although a candidate at a Parliamentary or local election cannot claim a special privilege by virtue only of publishing words that were material to a question in issue in the election, a candidate, like any other citizen, might be able to establish a defence of qualified privilege if the ingredients recognised at common law are present on the facts of the case.