A Community Reporters common sense introduction to journalism

A Community Reporter’s common sense introduction to journalism law By Caroline Sutton

What is defamation? • In simple terms; • If a defamatory statement is written or in a permanent form = libel • If spoken or temporary form = slander.

Definition of a defamatory statement Judges tell juries that a statement about a person is defamatory if it tends to do any one of the following: • Expose the person to hatred, ridicule or contempt; • Cause the person to be shunned or avoided; • Lower the person in the estimation of rightthinking members of society generally; • Disparage the person in his/her business, trade, office or profession.

A reasonable man or woman? The test of what the words actually mean is the test of what a reasonable person would take them to mean.

Innuendo and inference • Words may carry an innuendo, a ‘hidden’ meaning clear to people with special knowledge or create an inference, obvious to everybody. • Eg Fat Boy Slim was seen swaying as he left the Amsterdam bar with a friend in Kemp Town.

The chilling effect • Punitive – could exceed £ 1 million • It is up to the journalist and publication to prove truth • London has a growing reputation as the libel capital of the world. • Can be sued whether you are the writer, editor or publisher. • Can be sued if you are online, in print, or publishing your church newsletter

Don’t say • • • It is no defence to say; ‘I’ve heard it’s true. ’ ‘I didn’t mean to be horrible’. ‘It didn’t really bother them. ’ The court assumes it is false, doesn’t care if intentional or not, and no real damage has to be proved.

Tests for defamation • Identification – it must refer to them or seem to refer to them. • Publication – it must have been published in print or online to a third party. • Internet publications – every time an article is accessed, that amounts to a new publication. • Is defamatory

Your defence • Justification • Fair comment • Absolute privilege

Justification • It’s true. Take notes or a tape recording Back up any claims if possible Ensure your source is reliable and will stick by their story Get them to sign a statement if possible

Fair Comment • The comment must be the honestly held opinion of the person making it. • Should not be written as fact • Must be based on fact • Must outline the facts in story • Must be public interest • Written without malice

Example of Fair Comment A restaurant or theatre review is a classic example of a publication which may be protected by fair comment. Not – He’s a terrible chef. But I think he’s a terrible chef because my meal was burnt when I ate there.

Privilege Absolute privilege – can report what is said even if untrue. • Court cases • Some tribunals • Parliament – absolute privilege to MP’s and peers

The Reynolds Defence • Under the category of qualified privilege, a defence sometimes termed "responsible journalism on a matter of public interest". • There are occasions when the public interest requires that publication to the world at large should be privileged. In determining whether the public at large has a right to know the published information, the court will be concerned to assess whether the information is of sufficient value to the public that, in the public interest, it should be protected by privilege.

Stop and think These phrases are usually defamatory. If you say a person is A liar, A cheat Is insolvent In financial difficulties

Check your facts Think twice before accusing someone of being: • Immoral • Dishonest • Corrupt • Incompetent • Guilty of a crime • Producer of shoddy goods

Steer clear • Of saying someone is • Having an affair • Taking illegal drugs • An alcoholic • A paedophile • A murderer • A hypocrite • A rapist Unless you can absolutely prove it with rock-solid evidence!

Check their pockets • Suing for libel can cost a lot of money. Be careful if you are dealing with a rich person, celebrity or big company. • No win, no fee. These days some lawyers offer this for libel cases making action more available for all.

Finally • Use your common sense. If you are concerned about putting something in a report. Ask Is it true? Can I prove it? Can I back up my facts and rely on my sources? Is it essential to report?