5A Defamation : Opportunity to Respond or 'Right of Reply’
Invariably, where defamatory allegations are made, programme-makers and broadcasters will seek a response from the subject of the allegations on what is being alleged. This is important not only in that it serves as a final accuracy check - sometimes the subject of the allegation may reveal something only he or she knows that sheds new light on the facts - but also is very important in ensuring fairness to the subject of the allegations. This is particularly important where programme-makers and broadcasters may have some difficulty in actually proving the truth of the allegations and are relying on other defences e.g. 'Reynolds privilege'. It is most unlikely that a broadcaster would be able to avail itself of a 'Reynolds Privilege' defence if it had not sought a response from the subject of the allegations before broadcast and fairly reflected that response, where one was given, within the programme. [See 'Opportunity to Respond', within Chapter 4C, Fairness ].