From the Governor’s Office Date: 6 November 2013

“Lord Justice Moses has now advised that the outcome of the judicial review between the Governor and the Information Commissioner can be made public. His full decision will be made public shortly.

Lord Justice Moses ruled that section 54 of the Freedom of Information Law (FOIL), which relates to the disclosure of defamatory material, was not an exemption.

He also ruled that the Information Commissioner had not considered the public interest test correctly when interpreting section 20(1)(d) of the FOIL – that disclosure of the material would, or would be likely to, prejudice the conduct of public affairs.

Lord Justice Moses therefore quashed the Information Commissioner’s decision and ordered her to reconsider it with reference to section 20(1)(d). He gave the Governor the opportunity to provide a submission on this.”