Media Law Year Three - Lecture Three. Defamation and Libel.

Libel is concerned with three important requirements:

 

The statement made must be defamatory. The statement must tend to do one of these four things:

• Expose the person to hatred, ridicule or contempt,
• Casue the person to be shunned and avoided 
• Discredit the person in their work or business
• Lower them in the eyes of 'right thinking people'

The publication must be in a permanent form e.g. a newspaper or on TV.

 

It must identify a certain person e.g. if I make the statement "All Americans are stupid", an American man (however clever he is) 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".  Defamation doesn't affect comment as long as the comment is your honest opinion.

Defamation is linked to reputation, the clue is in the name: de-faming (removing their fame).

 

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.

There are three defences that can protect journalists again legal action: the statement is true, the statement is the honest opinion of the journalist and and privilege.

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. This also allows journalists to report this information.

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 three main legal principles of a news story: FAST, ACCURATE, FAIR.