J.Y. v. A.T. – CA 198/1999-2019

In the case between M. Jayantha de Silva and Upali Newspapers Limited, the court addressed issues of defamation arising from a newspaper article reporting on alleged misrepresentations during Magistrate’s Court proceedings. The central questions included whether the article was a fair and substantially accurate report thus attracting qualified privilege, and the appropriate quantum of damages for defamation. It was held that, although the report was not entirely accurate due to certain omissions and exaggerations, the claim of qualified privilege did not succeed in displacing liability. However, the quantum of damages initially fixed by the lower court was considered excessive and thus reduced. The legal analysis reaffirmed that the defense of qualified privilege requires reports to be bot