Defamation, Libel and Slander: From what I've seen of other people’s notes on the lecture, the reading covered all of it! Beautiful! So here are the law notes for...
Defamation: Defamation is the act of injuring someone’s name or reputation. This is a 'civil' issue and is therefore between two parties and this is because that the persons reputation (street cred) is their property and to damage a reputation is to break the law. For example, Chris' rep is the Number 1 educator for journalism in the UK and Winchester bad-man, anyone to say otherwise would be accountable for defamation. When it comes to defamatory cases, the person suing only has to show a jury that on the Balance of probability the comment could affect their reputation - they don’t exactly need to prove anything.
Defamation: Defamation is the act of injuring someone’s name or reputation. This is a 'civil' issue and is therefore between two parties and this is because that the persons reputation (street cred) is their property and to damage a reputation is to break the law. For example, Chris' rep is the Number 1 educator for journalism in the UK and Winchester bad-man, anyone to say otherwise would be accountable for defamation. When it comes to defamatory cases, the person suing only has to show a jury that on the Balance of probability the comment could affect their reputation - they don’t exactly need to prove anything.
Libel: Libel is a defamatory statement which is published in a permanent form and identifies a single person, for example in a newspaper. Libel = identification of someone + publication (online or in a newspaper etc) + defamation. By doing this you expose yourself to inciting hatred and contempt. This also causes the person being defamed to be shunned by the public or avoided altogether. It discredits them in their certain profession or business and this generally lowers them in the eyes of the law-abiding citizens of society. So basically, it’s a dick move if you get it wrong! this can affect their chances of being hired and so on as it will, as stated, ruin their reputation
There are defences that people can use to get themselves out of a libel or defamation charge, for example:
1) Justification - It is true and it can actually be proved (YES the truth, as I have mentioned, is the very best defence!)
2) Fair Comment - this is basically your own honest opinion, this is what I referred to as the double rainbow for journalists if I’m not mistaken! But then it could be argued that "what if your honest opinion changes?" well then you know, you're kinda shooting yourself in the foot - also referred to as Malice; this is saying something you don't believe to be true.
Well that should about cover it, I know I said that I wouldn't let it go too long without another blog post... thing about that is I might have lost track of the days or I might have been lying. Can't be sure! But now im actually gonna try and get on with this blogging business!
Stay classy, Winchester x
Stay classy, Winchester x
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