Guardian Wins Libel Case Against Noel Clarke in Landmark #MeToo Ruling
The Guardian has successfully defended a libel action brought by actor Noel Clarke following an investigation detailing allegations of sexual misconduct by more than 20 women. In a significant judgment delivered Friday, Justice Steyn of the High Court dismissed Clarke’s claims, ruling that the newspaper had established both the truth of its reporting and its public interest justification.
The case centered on allegations published in a series of articles and a podcast between April 2021 and March 2022, in which numerous women accused Clarke of a pattern of abusive behavior. Clarke had maintained the allegations were false and the result of an unlawful conspiracy.
However, Justice Steyn found Clarke to be an “not a credible or reliable witness,” noting his tendency to admit only to facts corroborated by documentary evidence, and even then, to a minimal extent. The judge explicitly rejected the claim of a conspiracy, stating it lacked a “proper foundation.”
Katharine Viner, editor-in-chief of Guardian News & Media, hailed the ruling as a victory for both the women who came forward and for investigative journalism. “The judge ruled, in extremely clear language, that the Guardian’s reporting was substantially true, and our belief that the reporting was in the public interest was undoubtedly reasonable,” Viner stated. “This judgment is a deserved victory for those women who suffered because of the behaviour of Noel Clarke. Going to court is difficult and stressful, yet more than 20 women agreed to testify in the high court, refusing to be bullied or intimidated.”
The court heard testimony from nearly 30 individuals, with 18 providing direct accounts of their experiences working with Clarke, known for his roles in Doctor Who and the Kidulthood trilogy. Witnesses described instances of bullying, unwanted sexual contact, and professional misconduct.
Justice Steyn detailed the specific allegations that were substantiated, including evidence suggesting Clarke used his position of power over a 15-year period to harass female colleagues, engaged in unwanted physical contact – including kissing, touching, and groping – and shared explicit images and videos without consent, including secretly filming a young actor during a nude audition.
The judge addressed claims of an “anonymous email campaign” targeting Clarke, acknowledging that Bafta may have received anonymous, critical emails, but finding no evidence linking the witnesses to such a campaign. She emphasized that the absence of a conspiracy made the claim that over 20 witnesses would falsely testify “inherently implausible.”
Clarke, who had sought £70 million in damages, now faces a substantial legal bill and may be required to cover the Guardian’s legal costs. The trial was considered a pivotal test case for #MeToo-related reporting in the UK, with a victory for Clarke potentially chilling future investigations.
In her detailed ruling, Justice Steyn acknowledged Clarke’s belief that he had been unfairly “branded” by the Guardian, and accepted his assertion that he did not intend to cause harm with some of his actions. However, she found that even when deliberate, Clarke often appeared oblivious to the impact of his behavior, dismissing it as “naughty,” “cheeky,” or simply within his rights as a director or producer.
The judge specifically addressed an incident involving an actor referred to as “Penelope,” who was filmed nude from the waist down during a sex scene. While finding no evidence the nudity was initially for Clarke’s gratification, she determined he “did then take advantage of it for that purpose.”
Justice Steyn also highlighted a pattern of Clarke believing he could “sexually proposition any woman he wanted,” regardless of circumstance, and a lack of understanding regarding the discomfort such advances could cause.
At the trial’s conclusion, Clarke’s legal team argued he was a victim of an industry “purge” following the #MeToo movement, citing examples of older productions that would now be considered inappropriate. However, the Guardian’s counsel countered that Clarke had attempted to “normalise and/or excuse conduct that most people would find…offensive and unacceptable.”
The fallout from the Guardian’s initial reporting was swift. Bafta suspended a lifetime achievement award, ITV cancelled the final episode of the thriller Viewpoint, and Sky removed the award-winning police drama Bulletproof – created by and starring Clarke – from its lineup. Clarke also departed from Unstoppable Film and TV, the production company he co-founded.
This ruling underscores the importance of robust investigative journalism and provides encouragement to individuals who may be hesitant to come forward with allegations of misconduct.
