Media Law - Defamation and Libel

Defamation is all about the meaning of words in the eyes of a 'reasonable man'. The criteria for defamation is that you what write about the person you are defaming 'tends to' -

• Lower them in the estimation of right thinking people.
• Causes them to be shunned or avoided.
• Disparages them in their business, trade or profession.
• Exposes them to hatred, ridicule or contempt.

Defamation is also possible via pictures and is common danger in TV. Careless use of background shots with a voice over can be defamatory- for example a voice over could be talking about paedophiles and there could be a clearly identifiable man in a background that is then libeled as a paedophile. People or companies must not be identifiable in certain contexts for example child abuse or fraud. Care must be taken when using 'imprecise' shots.

If you defame someone you are more likely to be sued by them if they have a reputation at stake. Reputation is precious, especially if you are in the public eye, have money or both. If there is a possibly of defaming someone by inferring something or through an innuendo then don't do it. You need to assess the whole context of the story before publishing. When you publish something is when you libel someone.

Publication + Defamation + Identification = Libel

However there are defences against libel - 

• "It's true and I can prove it" (in court)
• Fair comment - This is an honestly held opinion based upon facts, or privileged material in the public interest.
• Absolute privilege - Court reporting
• Qualified privilege - Police quotes, Council meetings etc

There are the main defences but there are others -

• Bone and antidote - Where defamation is removed by context
• Apologies and clarification - Rarely accepted
• Reynolds defence - Journalists have the right to publish an allegation even if it turns out be wrong
• Public interest
• Product of 'responsible journalism'

You will have no defence -

• When you have not checked your facts
• When you have not 'referred up'
• When you have not put yourself in the shoes of the person or company you are writing about
• If you get carried away with a 'spicy' story
• If you have not bothered to wait for a lawyers opinion

Again it all comes to recognising the risks and asking yourself questions -

• Who am I writing about and could they sue?
• Is what I'm writing potentially defamatory?
• Do I have a defence?
• Don't forget that lawyers never mind being asked!