Defamation

"To be a journalist is to publish - that's what we do."

In publishing you have to aware of so many different laws & today I am going to write about one of three most important laws for a journalist to know inside and out - defamation.

Defamation is a false accusation of an offense or a malicious misrepresentation of someone's words or actions. Everyone has the right to their reputation, defamatory statements could take this from them.

Under the catergory of defmation is slander and libel; slander being defaming someone in a non-permanent form such as a spoken statement which isn't recorded, libel being defaming someone in a permanent form such as broadcasting a statement on a radio station, television or in a newspaper.

Libel requires:

• The statement is defamatory
• It has been 'published' to a third party i.e. a letter or comment on the internet
• That particular identified person has been defamed 

A defamatory statement is anything that causes any of the following:

• Exposes them to hatred, ridicule or contempt
• Causes them to be shunned or avoided
• Discredits them in their trade, business or profession
• Generally lowers them in the eyes of the right-thinking public 

If you get sued for libel. it has to the potential to destroy you and whoever you work for. You have the potential to kill that publication stone dead so it is vital you check everything you write or publish is 100% accurate.

If you libel someone, even if they're dead, you've broken the law - but hopefully you have a very good defence. Remember, being a student is not a defence. A student could say they have no money but the university would have to pay the fine on their behalf.

There are three main defences:

• Justification - the statement is not only believed to be true but is 100% fact. It may be necessary to have witnesses willing to stand in court.
• Fair comment - it's simply comment and not fact, however, it was honestly held with no malice. The Freedom of Speech Act gives journalists a lot of scope to say hurtful or controversial things as long as it is made clear that it is only COMMENT and not FACT. For example, "Thomas Jones is ugly" is presented as fact, even if it is opinion - "I think Thomas Jones is ugly" is comment as 'I think' is in it.
• Absolute privilege and qualified privilege - it's fair, accurate and contemporaneous. In certain cases, public interest demands that there should be complete freedom of speech without any risk of proceedings for defamation, even when statements are defamatory and turn out to be untrue. Absolute privilege is the complete answer and bar to any action of defamation. It doesn't matter whether the statement is true, untrue, malicious or not.

The Essential Dos and Don'ts in Media Law

Do you want to become a journalist? A celebrity feature writer? A news reader? A travel journalist? An investigative journalist like the great Bob Woodward and Carl Bernstein? Or even a modern day William Rees-Mogg?

If your answer is yes, then you'll need to know the essential dos and don'ts of media law.

So let's get started.

THE DON'TS

• DO NOT write/say/publish anything that you know to be untrue or if it is purposely to harm another without any justification or without just cause.
• DO NOT dishonestly present sources or information. Avoid interviews or information directly from family members or friends.
• DO NOT pay people to pretend to be a source. That's not cool.
• DO NOT make up sources, interviews or any other content you wish to publish unless clearly stated it is fictional.
• DO NOT purposely cause disrepute or disruption. It is not wise or even funny to edit your work after it has been cleared by your editor or superior, all you will get is a bollocking.
• DO NOT publish discriminatory or racially offensive material. Not only is it not socially unacceptable, it is against the law.
• DO NOT publish your work without checking the simple attributes such as grammar, spelling and sentence structure.
• DO NOT even consider publishing your work if you are not sure if it complies with the law.
• DO NOT be stupid. Don't breach any privacy, confidentiality, trespassing, copyrighting or child protection (and so on and so forth) laws. That'll just get you in trouble.

That's about it with the don'ts. Now to the more positive side - the dos.

THE DOS

• DO try and detach yourself from the subject you are writing about. Disinterestedness is key.
• DO get out into the industry and find yourself some useful sources. A lot of journalism is to do with who you know, not what you know.
• DO be professional and responsible at all times when presenting yourself or your publication. If you want to be taken seriously in the media industry, you must make yourself appear to be someone who can be taken seriously.
• DO check your facts over and over again. Facts are brilliant in publications if they are 100% accurate.
• DO maintain an up-to-date working knowledge of media law and media regulation. Unfortunately, not knowing if changes have been made isn't an excuse for breaking the law.

Although media regulation can put you 'in a box' and limit you as a journalist, it is there for a good reason - to try and regulate the media. 

What would happen without media law? Would the newspapers be full of lies? Would the radio be more interesting? Would publications start growing legs and walking around the streets throwing news at us?

Probably not.

However, we'll never know.

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KEY WORDS AND DEFINITIONS IN MEDIA LAW

DISREPUTE 

A low standard of esteem or credit.

i.e. Unfortunately, Rupert Murdoch brings disrepute into the journalism industry.

MALICE

The intentional allowing, publication or creation of a wrongful or harmful act with no justification.

i.e. The newspaper was full of malice, it wasn't even worth reading.

DISINTERESTED

Being unbiased, unattached and not influenced by exterior motives.

i.e. He was perfect to write to article as he was disinterested in the subject.

DEFAMATION

A false accusation of an offence or act by another which could result in damaging their reputation.

i.e. Her soul intention of that article was defamation of Lady Gaga.

SLANDER

Defamation by saying the accusation.

i.e. Stop with all the slander, I'll sue you.

LIBEL

Defamation by writing the accusation.

i.e. With all this evidence, you have a definite libel case on your hands.

RECKLESSNESS

Disregard and paying little attention to produced work.

i.e. He wrote the article with complete recklessness, the spelling mistakes were atrocious.

MEDIA REGULATION

The use of legal means to regulate and control the media industry.

i.e. Your knowledge of media regulation must be kept up to date in order to pass this course.