Law Lecture/reading three: defamation

Defamation is a term used to describe a civil dispute between two parties which carries negative effects on someones reputation and can even go as far as saying the reputation they had previous to the defamed statement has been taken away as opposed to slightly altered. A person to has the right to a reputation that they are entitled to, but not one which a person believes to have as it may not be true. For example, I may think I'm a hard worker, but a former employer may think otherwise, so therefore my actual reputation does not proceed the reputation I think I have.
A defamatory statement does not have to be proven to have any negative effect on a person, instead it is based on the balance of probability, in that the effects the statement could have on a person have to be identified.
Another form of defamtion, thought doesnt apply as directly to journalism as libel, is slander. Slander is simply deformation in a spoken, rather than published/written form which is described as libel.

Libel = identification+publication+defamation
- Identification: no one is libel unless identified. This can be avoided by identifying the person in as much detail as possible, this is known as positive identification. Though their are some cases of accidental libel when someone has been positively identified but there is someone else of the same description. In chris' words a spout of 'bad luck.'
- Publication: the permanent form in which the defamatory statement is included in, which is shown then to a third party.
- Defamation: defamation tends to be one of four things to a jury:
(1) Exposes them to hatred, ridicule or contempt
(2) Causes them to be shunned or avoided
(3) Discredits them in their trade, business or profession
(4) Generally lowers them in the eyes of right-thinking members of society

Though these come with defences in a law court, which are as follows:
- Justification: proof the statement is true, with evidence. This is why we're supposed to stick to the facts.
- Fair comment: that the comment is the true opinion of the journalist. But at times these comments can be considered malice, which is protected by band and antidote. Malice can be described as deliberately saying something which you do not believe to be true. Malice has no defenses.
- Absolute privilege and qualified privilege: privilege in a legal sense referrers to the exemption to certain persons from the law. Journalists have some privileges in that what is published is FAST, ACCURATE and FAIR.