TNAG-1693-FCO40-2343-Publication-of--Spycatcher--by-Peter-Wright-in-Hong-Kong-1987 — Page 41

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not become a lie simply because a person or an organisation, even

a Government, says it is a lie. In the unlikely event that a

prosecuting authority in this case the Attorney General -

launched a prosecution in such a case, the prosecution case would

almost inevitably fail because it would be impossibly difficult

to prove beyond reasonable doubt, and I would remind you that

that is a very heavy burden of proof, that the report was false.

Further, the near certainty of the failure of the prosecution

means that it-would not be brought at all because its failure

would achieve precisely the result that the Government would wish

to avoid, namely the confirmation of the truth of the report.

Alleged vagueness of 'false news', 'likely' and 'public alarm'

13.

I turn now to the allegations of vagueness concerning

'false news', 'likely' and 'public alarm', It is said that these

terms and concepts are insufficiently clear and well-defined to

be an adequate guide for the press as to what they can and cannot

do.

14.

I am bound to say that in relation to the term 'false

news' I find that frankly, a surprising argument. I thought that

journalists spent much of their lives trying to get at the truth

and then cross-checking to make sure they have got it. C.P.

Scott, the editor of the Manchester Guardian, as it then was,

some years ago, once said 'Comment is free, but facts are

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