View all newsletters
Sign up for our free email newsletters

Fighting for quality news media in the digital age.

  1. Archive content
July 29, 2005updated 22 Nov 2022 4:18pm

Setback for Armstrong in Times libel battle

By Press Gazette

Roger Pearson
Lance Armstrong, the man regarded as probably the
greatest cyclist the world has ever known following his seventh win in
the Tour de France, today suffered a rare defeat, not on the cycle
track, but at London’s Court of Appeal.
Three of the country’s top judges ruled in a test
case decision that the Sunday Times was entitled to argue that a story
containing allegations that he had taken performance enhancing drugs
was privileged on the basis of the so-called “Reynolds Defence” in that
it was in the public interest and they had a duty to publish it.
The Court also ruled that when the case comes to
court the paper can after all argue a number of points which it says
justify publication of the story. The High Court had earlier struck
these out as well along with the public interest defence.
The Sunday Times had challenged a High Court
ruling last December in which a judge rejected their claims that the
allegations which had originally been made in a book were a matter of
public interest and in those circumstances they were under a duty to
publish them and were protected from being sued for libel.
It had argued that one of the country’s senior
defamation judges, Mr Justice David Eady, had been wrong to strike out
their claim that what they published was “privileged” and that they
were therefore protected from being sued.
However, Lord Justice Brooke said today that
“fairness” demanded that the merits of the papers claims that they were
under a duty to publish the article in the public interest should be
properly investigated at a full hearing of the case and not struck out
as the High Court judge had done. The allegations were made in a book
by David Walsh.
In the High Court ruling that has now been
overturned, the judge had said : “I cannot see that the defendants
could be said to be under a duty to publish allegations to the effect
that Mr Armstrong had probably taken performance enhancing drugs or
that, given his prowess in the Tour de France, he ‘must’ have done so.
“I would readily accept, of course, that the use
of forbidden drugs in sport is a matter of public concern. It is a
different question, however, from whether or not they were under a duty
to publish these allegations, about this claimant, without at least
affording him an opportunity for of giving a measured response.”

Content from our partners
MHP Group's 30 To Watch awards for young journalists open for entries
How PA Media is helping newspapers make the digital transition
Publishing on the open web is broken, how generative AI could help fix it

Topics in this article :

Email pged@pressgazette.co.uk to point out mistakes, provide story tips or send in a letter for publication on our "Letters Page" blog

Select and enter your email address Weekly insight into the big strategic issues affecting the future of the news industry. Essential reading for media leaders every Thursday. Your morning brew of news about the world of news from Press Gazette and elsewhere in the media. Sent at around 10am UK time. Our weekly does of strategic insight about the future of news media aimed at US readers. A fortnightly update from the front-line of news and advertising. Aimed at marketers and those involved in the advertising industry.
  • Business owner/co-owner
  • CEO
  • COO
  • CFO
  • CTO
  • Chairperson
  • Non-Exec Director
  • Other C-Suite
  • Managing Director
  • President/Partner
  • Senior Executive/SVP or Corporate VP or equivalent
  • Director or equivalent
  • Group or Senior Manager
  • Head of Department/Function
  • Manager
  • Non-manager
  • Retired
  • Other
Visit our privacy Policy for more information about our services, how New Statesman Media Group may use, process and share your personal data, including information on your rights in respect of your personal data and how you can unsubscribe from future marketing communications.
Thank you

Thanks for subscribing.

Websites in our network