Mr. Mark Harty:

I agree with that. There is often a situation whereby what started off as judicial guidelines to an approach that should be taken by juries end up becoming tramlines for the jury, where each and every item is carefully ticked, whereas I think a jury can understand a simple definition such as “fair and reasonable publication”. However, the minute we have to go through different stages to prove it, it then becomes almost impossible. In fact, each of those stages should not be essential but rather matters the jury should consider as to whether these steps are taken rather than simply being prerequisites. I think then the defence could operate.