Section 4 Defamation Act 2013: A tale of two approaches

Over a decade has passed since libel reform in the 'Defamation Act 2013'. There is a lacuna in the existing literature; a comprehensive evaluation of the 'new' public interest defence in section 4 is yet to emerge. In so doing, this article argues judicial interpretations of the defence have forked into two distinct pathways. The first interprets the statutory defence simply as one of responsible journalism. The second considers the defence to protect discussions of all types that are broadly public interest-worthy. This article therefore argues that not one, but two public interest defences now exist under section 4. Solutions are suggested.