Law Recap Lecture Three:

Media Law - Defamation and Libel:

Current examples of libel/defamation:

-    Phone hacking got rid of the risk of defamation and libel law suits because there was a recorded defence - a lawyer wouldn't have a prosecution case because it's true.

-    Lord Alpine implicated in the child abuse scandal among the BBC. BBC news night didn't name him but implied his involvement (jigsaw identification) and came out because of its presence on social media. He took out a libel case and the case was settled but he recently died.

What is defamation? What you write or broadcast about someone or a company 'tends to' lower them in estimation of right thinking people, causes them to be shunned or avoided, disparaged them in their business, trade or profession or exposes them the hatred, ridicule or contempt.

Defamation via pictures:

A common danger in TV, a careless use of background shots with voice over can be defamatory - juxtaposition.

People or companies must not be identifiable in certain contexts - child abuse, fraud etc.

Reputation and meaning - reputation is precious, especially if you have a public life, have money or both. Inference is a hazard. Sometimes we cannot see it if we've written it. If you think it could be misinterpreted give it to someone else to read. Innuendo is a hazard also. Asses the whole context of the story.

Libel cases are civil cases but have a jury and so they are costly.

Summary -

Classic definition of Libel - Publication + Defamation + Identification = Libel.

Libel defences:

-    A statement must cause serious harm - " harm to the reputation of a body that trades for profit is not "serious harm" unless it has caused or is likely to cause the body serious financial harm."

 (Mclibel - under this new law the Mclibel case probably would never have gone to court because handing out leaflets is not going to have serious harm on a multinational company - no social networking existed then so it was only the leaflets have the effect.)

-    Honest opinion (fair comment) must show it as an opinion which could be held by an honest person, based upon a known fact at the time of writing. Malice will undermine this defence - must appear disinterested.

-    Public interest - if the the statement complained of was, or formed part of a statement on matter of public interest; and the defendant reasonably believed that publishing the statement complained of was in the public interest (Renalds case).

-    Web publication - it's a defence where for the operator to show that it was not the operator who posted it on the website.

-    Peer reviewed academic journals are privileged.

-    Absolute privilege - court reporting

-    Qualified privilege - police reports, presser.

-    Bane and antidote

-    Apologies and clarifications

www.legislation.gov.uk - Deformation Act 2013

You have no defence when you have not checked your facts, when you have not 'referred up' asked a senior editor, when you have not looked at what you're writing from a different point of you - Put yourself in their shoes, don't get carried away by a spicy story, not bothered to wait for a lawyers opinion.