Lord Nichols stated that courts should apply the following ten point test, to see if a press story passes the 'right to know test'.
This is now used as a vital tool for journalists to avoid legal action being taken against them.
- The seriousness of the allegation
- The nature of the subject matter, and whether or not it is in the public interest
- The source of the information
- The status of the information
- The steps taken to verify this information
- The urgency of the matter
- Whether a comment was sought from the person being defamed
- Whether or not the article gives an idea of the person being defamed's side of the story
- The tone of the article
- The circumstances and the timing of the publication.
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