Wednesday 19 February 2014

Law - Defamation (Revised from 1st year)

Defamation, Libel and Slander.

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 is their property and to damage a reputation is to break the law. For example, Chris' reputation is the Number 1 educator for journalism in the UK, anyone to say otherwise would be accountable for defamation because it would cause him to be fired. 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!) If you call someone a thief, then you must be able to prove that this is true, then you're in the clear and no action can be taken against you.

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 and you are saying for the sake of slating someone else.

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