Media Law (3) - notes

Defamation:

• People consider their reputation when attacking someone for defamation.
• The person does not have to prove they have been defamed; the person being accused of publishing a defaming statement has to prove it is not.
• Dr Joe Rahamim is an example when it was accused he was not good at his job by channel 4 news/ITN and was awarded one million pounds. They said he was probably responsible for the death or serious injury to many of his patients. Channel 4 also had to retract their statement.
• The dead cannot be defamed.
• A third party cannot sue on a defamed ones behalf.
• Slander is different as it is not permanent, you may still be sued for it, however journalists rarely get sued for slander as anything they publish is often permanent.
• Internet libel = bad! Becomes international.
• Libel requires:

1. exposing defamed to ridicule/contempt
2. causes them to be shunned/avoided
3. discredits them
4. lowers them generally

• Malice is lies, and for publishing a malicious statement not only will you be sued but could also face police prosecution.
• Defences for defamation:

1. Justification - If the information is true then cannot be defamatory.
2. Fair comment - an opinion and not fact (often done in the way of a cartoon).
3. Absolute and qualified privilege.