Mr Justice Dingemans:
1.
This is the hearing of a claim made by the claimant, Richard Burgon, Member of
Parliament for Leeds East and Shadow Secretary of State for Justice, (“Mr Burgon”)
against the defendants, News Group Newspapers Limited (“News Group”) publishers
of the Sun and the Sun’s website and Thomas Zoltan Newton Dunn (“Mr Newton
Dunn”), political editor of the Sun. The claim arises out of the publication of an
online article on Friday 14 April 2017 written by Mr Newton Dunn headed “Reich
and Roll Labour’s justice boss ridiculed after he joins a heavy metal band that delights
in Nazi symbols”. The heavy metal band was a reference to “Dream Troll” (“the
band”). There was an article published in the Sun newspaper on Saturday 15 April
2017 but that was in different terms and is not the subject of this action. I will refer to
it below.
2.
The claim is for damages, including aggravated damages, an injunction and a
declaration in respect of causes of action for libel, malicious falsehood and breach of
statutory duty under the Data Protection Act 1998 (“the DPA”). The defendants
defend the claim for libel denying libel or serious harm, and relying on defences that
the words were honest opinion pursuant to section 3 of the Defamation Act 2013, true
in substance or fact pursuant to section 2 of the Defamation Act 2013 or were
published in the public interest pursuant to section 4 of the Defamation Act 2013. The
defendants defend the claim for malicious falsehood denying any falsehood,
contending that there was no malice on the part of the defendants and contending that
there was no intention to cause financial damage. The defendants defend the claim
for breach of the DPA claiming that any processing was fair or protected and
contending that the claim adds nothing to the claims for libel or malicious falsehood.
3.
The claim arises in respect of an article published on the Sun’s website from 14 April
2017 (“the article”). The article was in the following terms:
REICH AND ROLL Labour’s justice boss ridiculed after he joins a heavy metal band
that delights in Nazi symbols
Shadow Justice Secretary and MP for Leeds East Richard Burgon has started doing
vocals for rock band Dream Troll
Labour’s justice boss faced scorn last night after it emerged he has joined a heavy
metal band that delights in Nazi symbols.
[There was then a picture of Mr Burgon in a sweat shirt with a heavy metal logo with
a sheet of paper in his hands and he was either singing or speaking. The caption below
read] Shadow Justice Secretary Richard Burgon has long been a fan of heavy metal.
[There was a picture of Mr Burgon in a suit speaking next to a poster saying “Jeremy
Corbyn for Leader”. The caption below read] Mr Burgon is a key supporter of under
fire Labour leader Jeremy Corbyn.
The group uses the name of Hitler’s infamous SS security unit as lettering in its
promotional posters.