What is really a matter of ‘public interest”? Recent cases have shown a stiffening in attitudes towards how a defence of publication in the public interest should be used.

Freedom of expression is problematic, in that it is capable of interfering with a variety of interests. This freedom has to be balanced with matters such as national security, public safety, due process, and the right to reputation and privacy. An often-decisive factor is the presence of a public interest in publication. As freedom of expression is vital to democratic debate, speech that serves the public interest will often trump any conflicting claim.

The public interest in free speech is often reflected in domestic law. For example, in the law of defamation the defence of qualified privilege allows the defendant to publish what turns out to be defamatory material if the court feels that such publication refers to a matter of public interest and that the defendant, usually the press, has carried out its duty to inform the public by following responsible standards of journalism (Jameel v Wall Street Journal).