Media Law Lecture 3 - Defamation

Lecture Numero 3 consisted of a few classic one liners from Chris:

1. Be Rude. Rude is good, in other words 'Attack Journalism'

2. Never be wrong.

3. Comment is cheap, Facts are priceless

4. Don't use prostitutes as witnesses

5. Don't make spelling mistakes.

*Time to tuck into some chocolate... ah they have writing on, this makes it all the more interesting, it say's "You're Classy" on it... and if you are reading this then you too are classy people!

Well onto the learning part of the lecture - DEFAMATION.

Defamation is a Civil Tort (Dispute between two parties)  It can be split into two categories:

Slander - Defaming someone in a non permanent form where a third party has heard e.g spoken  (Journalists do not that to worry about this)

Libel - Defaming someone in a permanent form e.g written in a newspaper or magazine

LIBEL = IDENTIFICATION + PUBLICATION + DEFAMATION 

Identification = Purely identifying someone correctly with as many specific details as possible to distinguish them from the 1000 other Paul Smiths in the world.

Publication = Published in a permanent form and shown to a third party

The law of defamation is set up to protect our reputation. Our reputation is made up of objective facts and subjective opinions that other may have on you. A defamatory statement (false accusation) which attacks someones reputation entitles them to compensation which can be dealt with in civil courts. It does not have to be proven, you only have to show the jury 'on the balance of probabilities'. You can defame someone in four ways by:

1. Exposing them to hatred, ridicule or contempt

2. Causing them to be shunned or avoided

3. Discrediting them in their trade, business or profession

4. Generally lowering them in the eyes of right-thinking member of society. 

The main defenses are :

Justification - If it is true and it can be proven 

Fair Comment - Based on fact, and honest held opinion of the person publishing it

Absolute Privilege -  Complete freedom of speech, it does not matter whether the words are true or false.

Qualified Privilege - Journalist under certain circumstances but not all can say what they like.

So I have eaten way to many chocolate oranges throughout this post, the last two chocolates being the most suggestive: "Have fun" followed by "smile now!"  - I think this box of chocolates is trying to tell me something...