Law - 13 October

This week was libel and defamation.

You can commit libel if you do any of the following:

1. Defamation

2. Identification

3. Publication

Defamation is when you write an article that defames someone or a company. Defaming someone means you have damaged their reputation. To be accused of defaming someone it has to be proven. You can also be accused of defamation through slander.

Identification, this is when a particular person is named. This can be an accidental problem through jigsaw identification. This is when you tell the story with all the facts but you explain enough that the reader can understand who it is. Jigsaw identification can be done accidentally so when writing a script telling facts about the defendant you have to be careful you don't explain too much.

Publication is when the article/programme is viewed by more than one person. When published on the Internet each load of the page is another publication.

For each of these ways of defamation there are ways in which to defend yourself against it. You only need one of these defences but the more you have the more covered you are.

Justification is when what you have said is true and you can prove it. You need to be able to prove this though. This is one reason you should always keep all your rushes and notes. Especially if your notes are in short hand. This makes your evidence more believable.

Comment is your second defence against defamation. This is when it is the writers opinion. This has to be shown as definite opinion however. Many newspapers have a header at the top of the page saying comment or opinion. Sometimes guest editors also fall in to this category, especially in magazines where they get many celebrities to write a page of opinion on other celebrities, styles, fashion etc.

Qualified privilege is when what you have written has been said in court. If you are going to report something defamatory and plan on using qualified privilege as your defence you must report fast, accurately and fair. The offended person does not have to show that they have been harmed but do have to show that they have suffered.

Common Law Qualified Privilege is a form of the above but it does not have to be said in court. This can be used is the following conditions have been met. The public need to hear about it, this is something that you do not need to prove. It has to be without any malice at all. The article itself and EVERYTHING you have ever written before. You should never write with malice anyway but if you have any article with malice in, you can not use common law qualified privilege. Again, everything must be fast, accurate and fair; and, for good measure there must be reasonable suspicion.

Picture By: Mr T in DC