Defamation can be split into two categories: libel (very important for journalists) and slander (not so important for journalists).
Libel is concerned with three important requirements:
The statement made must be defamatory. The statement MUST tend to do one of these 4 things:
expose the person to hatred, ridicule or contempt, shun the person or make people avoid him/her, discredit the person or lower them in the eyes of 'right thinking people'.
The publication must be in a permanent form e.g. a newspaper and even on radio.
It must identify a certain person e.g. if I make the statement "All Americans are stupid hicks", an American man (however un-hick like he may be) cannot sue me for libel because I didn't identify him personally.
This brings me on to what defamation doesn't cover: it doesn't affect feelings e.g. if an American feels hurt by me calling all Americans "stupid hicks". Defamation doesn't affect comment as long as the comment is your honest opinion e.g an article in The Sun today about Theresa May, where the fashion 'guru' Mary Portas and The Sun journalist Emily Ashton sort of called her ugly, as long as that was their honest opinions, it's not open to being libel.
Defamation is linked to reputation, your reputation is not what you think of yourself, but what others think of you. This is why defamation cases can make you very rich (if you win). E.g. Dr Joe Rahamin got £1 million after suing Channel 4/ITN for alleging that he was not good at his job, being a surgeon and all, you would expect him to sue for a large amount because no one will want him to operate on them and therefore he may lose his £200,000 job - throwing in the 'potential loss of earnings' card is an easy way to get a large sum of money from a defamation case.
People that sue a lot include Elton John, Paul McKenna - he sues every time the allegation that he injured someone whilst hypnotising them surfaces! and of course Heather Mills - she got £50,000 from the Sunday Mirror in 2002 and it reportedly looking to get £50 million for the damage to her reputation following the reporting of her and Paul McCartney's divorce.
However, Britney Spears failed in her attempt at suing an American magazine for $10 million after a slight about her sexual behaviour.
These 3 defences protect journalists:
Justification
The statement MUST be true and proven. The common line that journalists say is "It is true and we can prove it".
(Fair) comment
Journalists can comment e.g. Theresa May 'ugly' story, if it is not their honest opinion then it is open to a defamation claim.
Absolute and Qualified Privilege
Absolute privilege gives people like judges, lawyers and MPs the power to say whatever they like about anyone without the risk of a defamation claim being made.
Qualified privilege allows journalists to publish what they like - as long as it's in the public interest. This power can be taken away if their story is not accurate or fair. These two cover the 3 main principles of a news story: FAST, ACCURATE, FAIR. A journalist must give all accurate data and names. - especially important in court cases. The article must cover both sides e.g. in court - prosecution and defence.
What did I learn from today's lecture? 'Everyone in the education system will tell you lies' and 'never have a rent boy as your main witness'!!!
TB 2011
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