LAWS OF DEFAMATION

• “[Truth is] a multilayered question, because one person’s truth is another person’s rubbish…I constantly get stories coming in front of me that reporters believe are true. And they are, but they’re not fully true, they’re half the truth. They don’t have the proper context, so yeah, truth is obviously what we’re aiming for, but it’s also got to be fair truth…I think probably context is [the] most important word for me.” Marjoribanks, T. & Kenyon, T. Journalism and Defamation Law: Contesting Public Speech

LAW OF DEFAMATION

• “Any intentional false communication, either written or spoken,

that harms a person's reputation; decreases the respect, regard, or

confidence in which a person is held; or induces disparaging,

hostile, or disagreeable opinions or feelings against a person”

LAW OF DEFAMATION

•It is the responsibility of the person making the accusation to prove it is true; it is not the responsibility of the victim to prove it is false

•To defame someone, journalists do not have to make up false things themselves. You can defame a person by repeating words spoken by someone else, for example an interviewee

Libel

• Libel is a method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation, exposes a person to public hatred, contempt or ridicule, or injures a person in his/her business or profession.

LIBEL EXAMPLECartoonists like Ben Jennings rallied around Musa Kart when he faced jail over a caricature of Turkey’s President Erdogan

A definition of Defamation

• The publication of any false imputation concerning a person, or a member of his family, whether living or dead, by which (a) the reputation of that person is likely to be injured or (b) he is likely to be injured in his profession or trade or (c) other persons are likely to be induced to shun, avoid, ridicule or despise him.

• In simple English, this means the words that were used, and their effect.

• Second, there is "concerning a person, or a member of his family, whether living or dead."

• In simple terms, this covers the identity of the person defamed.

A definition of Defamation

• Publication of defamatory matter can be by (a) spoken words or audible sound or (b) words

intended to be read by sight or touch or (c) signs, signals, gestures or visible representations, and must be done to a person other than the person defamed.

For Defamation To Occur

A traditional Commonwealth approach to defamation law requires the applicant to prove three things (Kenyon 2006)

•First, that the offender published material

•Second, the material must identify the applicant

•Third, the plaintiff must prove the material conveys a defamatory meaning, that is, it would harm the applicant’s reputation and would make ordinary people think less of the applicant

Whoever by words either spoken or intended to be read, or by signs, or by visible representation makes or publish any imputation concerning any person intending to harm or knowing or having reason to believe that such imputation will harm, the reputation or such person, is said except in the case herein after excepted to defame that person

•This is usually shortened to publication, though it includes broadcasting.

The Words "Any false imputation ..."

• innuendo= insinuation, suggestion, hint, implication, whisper, overtone, intimation, imputation, aspersion. The tone of voice is also important.

• "Can the mayor be trusted? You be the judge."[ implies without stating that the mayor cannot be trusted.]

• " He is one candidate in this race who does not have a problem with corruption"

• [ He is implying, but not saying, that some other candidate has a case against corruption.]

The Words "Any false imputation ..."

DIRECT• Police Minister Mr Grissim

Hevi has acted dishonestly while in office.

INDIRECT• The Police Ministry is an

office for honest men. Mr Grissim Hevi is obviously in the wrong post.

(a)The reputation of that person is likely to be injured….

• Defamation law is there to protect a person’s reputation in the community

• It is possible to defame someone who already has a bad reputation

• A false statement is not defamatory unless it discredits the person whom it refers to

• Right-thinking member of society

‘(b) He is likely to be injured in his profession or trade”

• The law of Defamation also tries to protect an individual’s livelihood against damage by false claims.

• Always safe to stick to specific claims and not to generalize about a person’s skills or professional conduct.

‘(b) He is likely to be injured in his profession or trade”

RIGHT• More than 30 sailors

protested outside the Hatil Shipping offices, claiming that the company’s ships were overcrowded and unsafe.

WRONG• More than 30 protesting

sailors claim that ship owners Tamim Sarkar and Akram Walid are trying to kill them in overcrowded and unsafe ships.

“(c) Other persons are likely to be induced to shun, avoid, ridicule or despise him..”

• Deals with damage that can be done by changing people’s personal behavior towards the plaintiff

• Shun- keep away from someone; to ridicule means to make fun of someone

• If plaintiff can prove that, because of what you have written about him it degrades his status in society, he will have a much stronger case in court.

“(c) Other persons are likely to be induced to shun, avoid, ridicule or despise him..”

• No solid proof required to prove people are avoiding or ridiculing him. All it usually demands is that, because of what you wrote, some people are likely to do it

• Leprosy, AIDS e.g.

Words that change

• Journalists have to bear in mind in regards to the changing standard words bear..

• E.g. Gay

Identify “A person…”

• Not necessary that the person should be specifically named

• E.g. “I know at least one senior member of cabinet who has made money by pushing contracts to his friends”, is clearly defamatory of some cabinet members

Identity “… or a member of his family whether living or dead”

• If a person is dead, the law assumes no further harm can be done to them.

• However, you may be able to harm the reputation of family member’s of the deceased

“Publication… to a person other than the person defamed.”

• Publication in legal terms means that the words or pictures must have been heard or seen by a third person.

• The plaintiff must prove that imputation (words, gestures or pictures) was communicated to at least one other person.

“Publication.. to a person other than the person defamed.”

• The law states: “Publication.. must be done to a person other than the person defamed.”

“(a) By spoken words or audible sounds…”

• It is possible to defame someone with a grunt or other noise…

• Consider a radio newsreaders tone of voice…

(b) Words intended to be read by sight or touch

• Print and broadcast journalists when captions or parts of the text are shown on the screen

• Also applicable to Braille, a language for blind people

(c) Signs, signals, gestures or visible representations..”

• Possible to defame someone in a drawing or cartoon, or by pulling a face or making a gesture.