QB-2022-002648 - [2025] EWHC 2565 (KB)

The fourth publication

The like considerations apply to the fourth publication, save that the Defendant’s pleaded case with regard to the fourth publication as to the “strenuous efforts” to verify the allegations contained in it, “includ[ed] finding corroboration for it in the international media such as the New York Times, France 24 and The Intercept”. In the DWS, the following publications are identified: (1) an article in the New York Times of 21 February 2024 entitled “An Election Shatters the Image of Pakistan’s Mightiest Force”; (2) an article in France 24 of 9 February 2024 entitled “The ‘generals’ elections’ in Pakistan that turned against the military”; (3) an article in The Intercept of 28 February 2024 entitled “Members of Congress Demand Biden Withhold Recognition of Coalition Claiming Power in Pakistan”; (4) an article in the Guardian of 5 February 2024 entitled “Army looms large as Nawaz Sharif eases towards fourth term in Pakistan”; and (5) an article in Nikkei Asia of 23 February 2024 entitled “Pakistan’s army was the clear election loser”.

All of these articles post-date the publications concerned by many months, and none of them can have been relied upon by the Defendant at the time of publication.Accordingly, the “strenuous efforts” that were made to verify the fourth publication before or at the material time (i.e. the date of publication) cannot have included considering the contents of any of these articles. Further, if and in so far as the reference in the Defendant’s pleaded case to “finding corroboration” is intended to refer to efforts that were made after the time of publication, that is immaterial for the purposes of a s4 defence.