Media law lecture -- Libel law

“Anything that tends to lower the reputation of an individual amongst right thinking people or damages them in their trade or profession.”

Anything negative in a broad sense.

Examples:

• Hypocrisy
• Having an affair
• Acting in an unprofessional manner

“At the heart of libel law is getting it right.”

• Extreme requirement to be able to prove what you print.

Information has to be published to a third party to be libellous.

• I.e., private emails not subject.

• Substantial publication?

  • If published to a small group, less damaging

    • Jameel v. Dow Jones (2005)

      • Wall Street Journal allegation was seen by 5 people.

        • “It would be an abuse of process to commit so much of British law to such … when so little is at stake.”

Burden of Proof

• Claimant — that the article was published to a third party, claimant is reasonably identifiable and the article is defamatory
• Defendant — that the statement was true.

Libel laws apply equally on the Internet as it does to other formats.

• Are search engines considered publishers?

  • Metropolitan International Schools v. Design Technica, Google (2009)

    • Case thrown out because Google was a facilitator and not a publisher.
  • ISPs also exempt

• Godfrey v. Demon Internet (1999)

  • Academic asked for defamatory article be taken down, Demon took 10 days to comply.

  • Demon Internet able to argue “innocent dissemination”

    • Same argument as a newsstand not knowing what’s in every periodical

    • However, one notice of defamation is given, then on the hook.

      • Demon had to pay £15,000 in damages, but +£200,000 in legal

Limitation period — 1 year from publication date.

• If on the Internet, however, publication continues until 1 year after article is taken down.

Since introduction of conditional fees, anyone can sue for libel

• Lawyer can take on case and take fee from defendant, in addition to an “uplift” fee due to risk inherent in taking case on.

Repetition rule

• If you’re repeating just what has been said elsewhere, you’re still on the hook.
• Plus you can’t defend it since you have no evidence!

defamatory statements

• Libel — published in a permanent form. Broadcasting considered libel.

• Slander — Transitory statements

  • Victoria Beckham implied items in shop were fake and press reported it; successfully sued for £45,000 in losses.

Injunctions are rare

• Rule against prior restraint

  • If a publisher plans to prove a statement is true then should not be banned from publishing.
  • Law accepts in the law of libel that courts do not stop publication except in rare and exceptional circumstances.

• Bonnard v. Perryman

  • Bonnard established that “The right of free speech is one which it is for the public interest that individuals should posses, and indeed, that they should exercise without

Damages

• Special damages where you can prove actual loss, plus damages for loss of general reputation.

Individuals

• Not the dead

• Groups of individuals

  • Showing a photo of identifiable people at club attached to article on drug use could lead to this.
• Who is reasonably identifiable?

Companies

Not public authorities/political parties