How does the issue of libel add to our debate about press regulation?
Definition
In law, defamation (also called calumny, libel, slander, and
vilification) is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. It is often, but not always, a requirement that this claim be false, and, or alternatively, that the publication is made to someone other than the person defamed.
Slander and Libel
The common law origins of defamation lie in the torts of slander
(harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action.
"Defamation" is the general term used internationally. The
fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel."
The debate whether Internet blogs or Bulletin Boards are publishers
is a key subject being addressed, whereas an Internet based community is more akin to conversations in a bar or pub, with content being written as an ongoing dialoge which is generally not edited or regulated such as in the publishing industry.
Different scales of cases
In different places in the world you can be imprisoned for defamation against:
1.Individuals
2.Companies
3.The state
4.The sovereign
Is there a possible defence?
Allowable defences are justification (the truth of the
statement), fair comment (whether the statement was a view that a reasonable person could have held), and privilege (whether the statements were made in Parliament or in court, or whether they were fair reports of allegations in the public interest)
What libel case
has this celeb
been involved in?
has this celeb
been involved in?
Former Big Brother housemate Charley Uchea has won a libel action against newspaper The Daily Star.
The paper's publishers, Express Newspapers, have apologised over false claims in an article headed "£500-a-night Charley" in June 2007.
Her solicitor told the High Court in London that Express Newspapers now accepts that allegations made about the 23-year-old were completely untrue.
Sharon Osbourne wins libel battle
Sharon Osbourne has accepted libel damages from The Sun newspaper over a 2007 story which alleged she was driving husband Ozzy "to destruction".
The 56-year-old former X Factor judge accepted an apology and a substantial, undisclosed sum of money.
Her solicitor told the court that the allegations were "entirely without foundation" and "extremely distressing, hurtful and damaging".
The star was not at London's High Court for the settlement.
Solicitor John Kelly said the article, published in October 2007, claimed that Mrs Osbourne was "driving her frail husband Ozzy Osbourne to destruction" and was working him "so hard she will kill him".
Student wins Rhys libel damages
A newspaper has paid "substantial" damages to a student after it alleged she had called Rhys Jones' killer a hero during a TV interview.
Kelly Marshall, 18, from Liverpool, launched a libel claim after the Daily Star also wrongly accused her of being a member of the Croxteth Crew gang.
Her solicitor said the money would go to the Rhys Jones Memorial Trust.
Mercer was jailed for life for shooting Rhys in August 2007 as the 11-year-old walked home from football practice.
The 18-year-old was sentenced on 16 December, and two days later, the Daily Star published a front page story claiming Miss Marshall was Mercer's girlfriend and she had hailed him a hero.
The paper, owned by Express Newspapers, also alleged she had declared a pledge of loyalty to the Croxteth Crew gang, of which Mercer was a leading member.
Research the following:
The McLibel Pair
Article 19.org
Analyse your case studies...
Who was sueing who?
What were the libelous comments?
What was the outcome of the case?
Does this case study present a pro or a con for our libel laws?
BCA V Simon Singh
Who was sueing who?
BCA V Simon Singh
What were the libelous comments?
Using treatments on children that were not fully tested, “Bogus treatments.”
What was the outcome of the case?
Case dropped by BCA
Does this case study present a pro or a con for our libel laws?
Simon lost a lot of money and time for nothing
Ambiguity whether fact or opinion
Steel and Morris V McDonalds
Who was sueing who?
A couple V McDonalds chain
What were the libelous comments?
Exploited children with advertising, misleading advertising, cruelty to animals, low wages
What was the outcome of the case?
Failed to prove some of the points so ordered to pay £60,000 (but didn’t in the end due to unfair trial)
Does this case study present a pro or a con for our libel laws?
“Oppressive and unfair” “breached their right to freedom of expression” Unfair trial
Elton John V the guardian
Who was suing who?
Elton John V the guardian
What were the libelous comments?
More money spent on fundraiser party than the charity
What was the outcome of the case?
Was part of joke diary so dismissed
Does this case study present a pro or a con for our libel laws?
How does the issue of libel add to our debate about press regulation?
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