Law Lecture 3 - Defamation

Defamation is the act of either slandering or libelling someone. There are four criteria in which this is measured:

*Causing someone to be lowered in the estimation of right thinking people

*Causing someone to be shunned or avoided

*Disparages someone in their business, trade or profession

*Exposes them to ridicule, hatred or contempt.

As such, it makes it very easy to sue for defamation as all you have to do is prove one of those points. However there are some defences:

*Justification: What you say is true and you can prove it.

*Fair comment: Honestly held opinion based upon facts or priveleged material in the public interest.

*Absolute privilege: Reporting accurately what is said in court.

*Qualified privilege: Police quotes, press releases etc.

*Bane and antidote (defamation removed by context): Removing defamation later on in a story.

*Apologies and clarifications.

You have no defence when:

*You've not checked your facts

*When you've not referred up

*Not putting yourself in their shoes

*Get carried away by a spicy story

*Not bothered to wait for a lawyers opinion

It's crucial to be able to recognise risk as a journalist. Recognising risk can save you a lot of aggravation and potentially a lot of money. Consider who you're writing about and whether or not they're capable of suing. Chances are a postman in some county miles away isn't going to sue (although that doesn't give you an excuse to defame him), but someone like Elton John probably would. If you must write it, be certain you have a defence. If you aren't sure, ask a lawyer. More often than not, they aren't going to mind.