A introduction to the laws of libel and slander for trainee journalists.

1. A REPORTER’S COMMON
SENSE INTRODUCTION TO
DEFAMATION
By Caroline Sutton

2. What is defamation?
In simple terms;
If a defamatory statement is written or in a permanent form
= libel
If spoken or temporary form = slander.

3. Definition of a defamatory statement
If it tends to do any one of the following:
• Expose the person to hatred, ridicule or
contempt;
• Cause the person to be shunned or avoided;
• Lower the person in the estimation of right-
thinking members of society generally;
• Disparage the person in his/her business, trade,
office or profession.

4. Beware of gossip
• You can defame someone if you republish comments
made or published by someone else.
• Don’t assume it is safe, just because someone else has
written or broadcast it.

5. What does publication mean?
•
• Via newspapers or other printed media
• Broadcasting on radio and TV
• On the web - including online forums, social media and
micro-blogging sites
• By email.

6. A reasonable man or woman?
The test of what the words actually mean is the test of what
a reasonable person would take them to mean.

7. Innuendo and inference
Words may carry an innuendo, a ‘hidden’ meaning clear to
people with special knowledge or create an inference,
obvious to everybody.
Eg
“Boy Slim was seen swaying as he left the Amsterdam bar
with a friend in Kemp Town.”

8. The chilling effect
• Punitive – could exceed £1 million
• It is up to the journalist and publication to prove truth
• Can be sued whether you are the writer, editor or
publisher.
• Can be sued if you are online, in print, or publishing your
church newsletter

9. New laws launched this year
• The Defamation Act 2013 came into effect in England
and Wales on 1 January 2014.
• Claimants have to prove ‘serious harm’ to their reputation.
• Such as ‘serious financial loss’ if a company.
• Individuals have to prove “serious harm”.

10. Don’t say
It is no defence to say;
‘I’ve heard it’s true.’
‘I didn’t mean to be horrible.’
‘It was only a joke.’
The court assumes it is false, doesn’t care if it was
intentional or not, and doesn’t have much of a sense of
humour.

11. Tests for defamation
• Identification – it must refer to them or seem to refer to
them.
• Publication – it must have been published in print or
online to a third party.
• Is defamatory.

12. Your defence
• Justification/ Truth
• Fair comment /Honest opinion
• Absolute privilege
• Publication in the public interest

13. Defences
• The main ones are:
• Truth - the publisher must prove the comments are true.
• Honest opinion - the opinion must be genuinely held and
based on fact.
• Privilege – only under certain circumstances.
• Publication in the public interest - a new defence.

14. Truth
Take notes or a tape recording
Back up any claims if possible
Ensure your source is reliable and will stick by their story
Get them to sign a statement if possible

15. Honest opinion
It must be;
•on a matter of public interest,
•based on facts which are true
•recognisable as comment

16. Example of honest opinion
A restaurant or theatre review is a classic example of a
publication which may be protected by fair comment.
Not – “He’s a terrible chef.”
But
“I think he’s a terrible chef because my meal was burnt
when I ate there last week.”

17. Public interest
Editors can use the defence if :
•they can prove the subject was on a matter of public
interest,
•they reasonably believed that publishing was in the public
interest.
• the story was balanced and neutral and thorough steps
were taken to verify the facts.

18. Is it public interest?
• As Lord Hoffman observed “the public tends to be
interested in many things which are not of the slightest
public interest.”

19. Privilege
Absolute privilege – you can report what is said even if it
is untrue.
• Court cases
• Some tribunals
• Parliament – absolute privilege to MP’s and peers
• Peer-reviewed statement in scientific or academic journal

20. Defamation online – new laws
• it is a defence to show that it was not the website
publisher who posted the statement on the website.
• The defence is defeated if the writer cannot be traced.
• Or the claimant was ignored when they complained.

21. Stop and think
These phrases are usually defamatory. If you say a person
is:
A liar,
A cheat
Is insolvent
In financial difficulties

22. Check your facts
Think twice before accusing someone of being:
• Immoral
• Dishonest
• Corrupt
• Incompetent
• Guilty of a crime
• Producer of shoddy facts

23. Steer clear
Of saying someone is:
•Having an affair
•Taking illegal drugs
•An alcoholic
•A paedophile
•A murderer
•A hypocrite
•A rapist
Unless you can absolutely prove it with rock-
solid evidence!

24. Check their pockets
• Suing for libel can cost a lot of money.
Be careful if you are dealing with a rich person, celebrity or
big company.
• No win, no fee.
These days some lawyers offer this for libel cases making
action more available for all.

25. Finally
• Use your common sense.
If you are concerned about putting something in a
report.
Ask
Is it true?
Can I prove it?
Can I back up my facts and rely on my sources?
Is it essential to report?