Indecent images and defamatory meaning in late modern societies: taking ordinary, reasonable readers outside their ivory tower

Abstract

The article scrutinises a libel case brought by a claimant against the public prosecuting authority in England and Wales, asking the court to determine as a preliminary issue the meaning of a Charging Announcement. This case is worth consideration because it illustrates how the arguably problematic interpretation of the offence of ‘making’ indecent images of children may extend beyond the dynamics of the criminal trial to colour the adjudication of civil disputes. The article also challenges the qualities of hypothetical referees in defamation cases, suggesting that they need to be determined based on a realistic rather than an idealistic view of late modern, multi-mediated societies. The Savile scandal and other high-profile child sexual abuse cases have cultivated a climate of mistrust in which the ordinary reader is reasonably (not unduly) suspicious and should not be expected in this context to favour a less defamatory meaning over a more defamatory one.