SMB acts for Channel 4 and ITN in their successful defence of libel claim by Dyson

Our Media & Communications Disputes team were pleased to act for Channel 4 and ITN in their successful defence of a hard-fought libel claim by Dyson.  The win is a victory for investigative journalism and freedom of expression.

On 10 February 2022, Channel 4 News on allegations of worker abuse and exploitation in Dyson’s supply chain in Malaysia, following an in-depth investigation by Job Rabkin, Lee Sorrell and Ed Howker. Sir James Dyson and two UK Dyson companies issued proceedings only two weeks later, alleging the reporting was defamatory of them and claiming hundreds of thousands of pounds in damages.

Sir James Dyson’s claim was struck out in October 2022 but the Court of Appeal decided in June 2023 that the broadcast was capable of being defamatory of the two UK Dyson companies. In February this year, the High Court determined that the broadcast bore the following meanings:

1. There are reasonable grounds to suspect the claimants were responsible for the abuse and exploitation of workers at ATA, one of their supplier companies located in Malaysia.
2. There are reasonable grounds to suspect the claimants were also responsible for the persecution by ATA of a worker who blew the whistle on working practices at ATA;
3. There are reasonable grounds to suspect the claimants tried to cover up the allegations and shut down public criticism.
4. The claimants have not lived up to their advertised standards of ethics and corporate social responsibility.

In April, Channel 4 and ITN (who make the Channel 4 News) served a 186-page Defence, setting out very detailed and robust defences of truth and publication on a matter of public interest.  The document was the result of months of work by the lawyers and journalists.

Rather than serve a Reply to that Defence, Dyson elected to discontinue the proceedings. It will now have to pay the Defendants’ costs.

The SMB team was headed up by Louis Charalambous, Gordon Clough and Emma Linch, instructed by Amali de Silva at Channel 4 and John Battle KC at ITN who deserve great credit for standing behind their journalists.

With thanks also to the brilliant Adam Wolanski KC, Gervase de Wilde and Luke Browne at 5RB and the Migrant Worker Rights Specialist Andy Hall whose tireless work campaigning on migrant rights and tackling modern-day slavery within international supply chains was the genesis of the report.