- Defamation is writing or broadcasting something about someone that tends to lower right-thinking peoples opinions of them.
- Causes them to be shunned or avoided.
- Disparages them in their business, trade or profession.
- Exposes them to hatred, ridicule and contempt.
Defamation via Pictures
- Careless use of background shots with the wrong voice-over.
- People must not be identifiable
Reputation and meaning
- Reputation is precious, especially if you are in public.
- Meaning as interpreted by 'reasonable person'
- Beware of inferences-(hazard)
- Beware of innuendos (hazard)
Publication+Defamation+Identification=Libel.
Libel Defences
- Justification- It's true and I can prove it in court
- Fair Comment- honestly held opinion based upon facts, or privileged material, in public interest. (depending on how you phrase your comments!)
- Absolute privilege- Court reporting.
- Qualified privilege- police quotes, pressers.
Defences
- Bane and antidote- defamation removed by context.
- Apologies and clarifications.
Reynolds defence
Material must be:
- In the public interest,
- Product of 'responsible journalism'
No defence
- When you have not checked your facts
- When you have not referred up
- Don't get carried away by a good story
- When you have not put yourself in the shoes of the person you are writing the story about.
- When you don't bothered to wait for the lawyers opinion.
Recognise risks
- Who am I writing about and could they sue?
- Is what I'm writing potentially defamatory?
- Do I have a defence?
- Lawyers never mind being asked
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