Jurisdiction(s):
United Kingdom

Key definition

Public interest definition

What does Public interest mean? In practice, public interest describes the genuine societal value in publishing or disclosing information because it contributes to public debate, democratic accountability, public health and safety, or the exposure of wrongdoing or hypocrisy. It is not the same as material that is merely scandalous, entertaining, or “interesting to the public”. In defamation, it underpins a defence to publication: in England and Wales the statutory defence in section 4 of the Defamation Act 2013 requires a reasonable belief that publication was in the public interest; courts assess all the circumstances (including subject matter, steps to verify, urgency, tone, and whether comment was...

Public interest immunity in criminal proceedings: disclosure, balancing exercise, sensitive material categories, procedures, special advocates, summary trials and High Court challenges (England and Wales)

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Practice notes

Public interest immunity and disclosure

The right to a fair hearing rests on the equality of arms, a principle under which a vital component is access to material gathered by the prosecution during its investigation. Disclosure is governed by a single statutory test: any item that could reasonably be thought to weaken the prosecution’s case, or to aid the defence, ought to be revealed. That entitlement to disclosure is curtailed by the doctrine of public interest immunity (PII), permitting the court to keep relevant information from the defence where it concludes that the public interest requires Non-disclosure. The court must conduct a balancing exercise, weighing the defendant’s interest in receiving all information pertinent to their defence against the state’s interest in safeguarding sensitive material. See Practice Note: Obtaining disclosure of unused evidence. The doctrine originated in the civil courts, where it was held that documents need not be produced when withholding them served the public interest. It reflects the civil law development that permitted non-production of documents where the public interest favoured secrecy, and limits a defendant’s access only where such sensitivity justifies withholding disclosure...

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Hugo Lodge

2BR

Specialist in AML, ESG and Financial Crime requirements. Experienced barrister, regulator and regulatory partner. Called to the Bar by Gray's Inn, 1998.In private practice, advises on AML, targeted financial sanctions and related compliance for investment managers, fund entities, trust companies and banks in London, Cayman, Dubai, New York and Hong Kong. Experienced on anti-bribery & corruption requirements, and data protection. Published academic author with Oxford University Press on Sanctions, AML and aspects of Counter-Terrorist Financing. Also wrote the Guide to the Criminal Finances Act 2017 for the Law Society of England and Wales. Expert in advising on corporate due diligence and reasonable preventative measures. Experienced jury and appellate advocate.In the public sphere, prosecuted for the UK Department of BIS, and specialist CPS divisions, later practised at 7BR's complex fraud team. Worked at the UK Financial Conduct Authority (Retail Banking, Enforcement and Market...

Web page updated on 22/05/2026

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