Defamation and Libel are arguably the biggest stumbling blocks for a journalist. In order to understand the risks it is important to understand what defamation is and how it can lead to libel.
Defamation is defined as a statement which:
- exposes a person to hatred, ridicule or contempt
- causes them to be shunned and avoided
- lowers their standing in the minds of right thinking people
- or discredits them in their occupation or work place
A person is libelled if they are defamed, if they are clearly identified and the statement is published to a third party.
As a journalist it is incredibly important to avoid 'accidentally' defaming a person, by juxtaposition libel, or jigsaw identification. Juxtaposition libel refers mainly to newspapers and the layout of a page. For example, printing the headline "Murderer" next to a picture of an unrelated person would imply that the person pictured was a murderer. This is a libellous offence. Jigsaw identification occurs across the media and refers to when more than one media organisation reports on a case using different information, meaning the audience can piece together who the person is even if they have anonymity.
There are three defences for libel:
- Justification: it is provably true
- Fair comment: it is your honestly held opinion, said without malice, and is in the public interest
- Qualified Privilege: something that is said in court and has been reported contemporaneously, accurately and fairly
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