Libel Law: Libel Law


Libel Law: Libel Law Most of the tough decisions in the world of journalism deal with the “Code of Ethics” which is not upheld in court. Libel on the other hand is something that can be brought to trial (usually in Civil court not Criminal court).


Definition: Definition Libel - Printed false defamation of character (spoken defamation of character is slander also under the general heading of libel.). To defame someone is to reduce that person’s reputation. In order to be guilty of libel you must have written something false within the following conditions: The information was known to be false The search to find the truth was done in haste without care. The best DEFENSE against a libel suit is GOOD REPORTING…


Check all Facts!: Check all Facts! Get the other side of the story. Even Students putting together a school newspaper can be charged. If you make a mistake in your story print a Correction/Apology immediately. TRUTH-- Can be used as a defense. Yes you are allowed to print something if it is the absolute truth, but be careful. If you acquire information that is true but may turn someone’s private life upside down you may be charged with “Invasion of Privacy”


Just Remember: Just Remember Be fair, honest, and ethical and the legal questions usually take care of themselves. Example: Eric Sutton accused Jill Keaton of being a criminal and you published what he said… “Sutton said Keaton had been convicted of break and enter.” Could you be charged? Charged with what? Why?


Yes, you can.: Yes, you can. With libel because although it is True that it was said, you must check these facts. Ultimately the publisher is guilty. Exceptions to this are printing something said in court or at a legislative meeting.


Fair Comment and Criticism: Fair Comment and Criticism When giving opinions where you review books, movies, events, CD’s you must give reasonable facts to support these opinions. In groups discuss the following: 1. You dig up facts on the mayor that he was charged with smoking marijuana when he was 19 years. Since then he has not been charged with anything, has earned two degrees, has three teenage children and has been an upstanding and respected citizen. You publish the factual information. Can you be charged and would you win?


Fair Comment and Criticism: Fair Comment and Criticism 2. You take a picture that shows someone in a questionable situation but there is no story to support what appears to be happening. Can you be sued for printing the picture?


Fair Comment and Criticism: Fair Comment and Criticism 3. You hear someone in the House of commons call another member a liar to her face yet you know she’s not but you print the quote anyway. Can you be sued for libel?


Fair Comment and Criticism: Fair Comment and Criticism 4. You innocently print the picture of the Homecoming queen directly over another story’s headline about a drunk driver and it appears that she is the drunk driver. Can she sue you?


Who can Sue?: Who can Sue? Anyone. Who can be Sued? Anyone involved in producing the libelous material. The one who wrote the story, the editor, the layout person, even the caption writer All these people can be sued. For EVERYTHING THEY OWN!


The Law: Libel and The Art of (not) Getting Sued: The Law: Libel and The Art of (not) Getting Sued Libel is a published false statement that is damaging to a person's reputation. Like newspapers and magazines, the Internet is a permanent record and can be looked at over and over again. The key to avoiding a libel suit is to be able to prove anything you print in a court of law.


The Law: Libel and The Art of (not) Getting Sued: The Law: Libel and The Art of (not) Getting Sued 1. TRUTH IS YOUR FIRST DEFENCE When reporting, you must remember not to use second-hand information. You can't get an accurate story from a friend of a friend of a guy who knows the guy who saw the accident they are reporting on. Get the facts from the source. If you can't get an interview with a believable source, that's fine. You may have to go out and find a corroborating source to back up the previous person's comments. Even if he/she refuses to comment, the reporter can put it in the story. Make the refusal of a comment important.


The Law: Libel and The Art of (not) Getting Sued: The Law: Libel and The Art of (not) Getting Sued 2. CONSENT IS YOUR SECOND DEFENCE Basically, when you are doing an interview, the person you are talking to will know that their comments are "on the record". That means that everything that they say is a source of information. He/she will ask to be "off the record" if they do not want their name associated with the information given. "Off the record" is a way of getting the information from the source, without letting the student's readers know it was him/her. You simply tell the information without attributing the source. If the information was about the recent cuts to jobs in the government and the source was a minister in the cabinet, they could say "a source said that....."


The Law: Libel and The Art of (not) Getting Sued: The Law: Libel and The Art of (not) Getting Sued If the source says to the reporter "I don't care what you print, I didn't do it", the source just told you that anything you print is all right with them, so print the story. You should record the date, time and place he/she said it, or tape record it. Get information or facts from both sides of the story. Balance your opinions in print. If you can, you should get a source who is an authority on the subject. That gives believability to your story.


The Law: Libel and The Art of (not) Getting Sued: The Law: Libel and The Art of (not) Getting Sued 3. FAIR COMMENT IS YOUR THIRD DEFENCE Opinion is all right to use if it is not your opinion. You have to save personal opinion for an editorial or entertainment reviews. Another person's opinion on your topic is fine to use even if the comment is a bad one. That's called fair comment. Example: If you interviewed someone protesting the prime minister's decision to cut 25% of all student funding, the protestor could call the PM a "liar." You could print it under fair comment as it is not your opinion. But you have to make sure you attribute the statement.


The Law: Libel and The Art of (not) Getting Sued: The Law: Libel and The Art of (not) Getting Sued 4. PRIVILEGE IS YOUR FOURTH (and last) DEFENCE If the information you are using is of public record, like a court case or a meeting of the government, all spoken words are of record and are written down, so you have a right to get information needed.