Tuesday’s media law was based around Libel, and the important distinction between facts, and opinion (‘bollocks’).
From reading McNae’s ‘essential law for journalists’, it became obvious to me just how much care should be taken when criticising other people in journalism, because everyone has a default right to their reputation.
Your reputation is mainly made up of facts such as your academic achievements and official statistics, which go together with the opinions of people who have met you to create your own reputation. If you are not careful, and make defamatory comments you risk libel damages.
Defamatory comments involve at least one of the four things listed;
- a statement that exposes a person to hatred, ridicule or contempt
- Causes them to be shunned or avoided
- Discredits them in their trade or profession
- Lowers them in the eyes of others.
An example of Libel in the news currently is the case of Sir Alex Ferguson criticising the fitness of premiership referee Alan Wiley in a post-match interview.
Ferguson was caught on camera commenting that Wiley ‘wasn’t fit’ and ‘needed a rest’, which are particularly defamatory remarks given the profession of Alan Wiley. This is because he was discrediting the ability of Wiley in his profession, and consequently exposing Wiley to ridicule..
According to The Independant newspaper on Wednesday ‘the law of libel stipulates that Wiley does not need to prove that his reputation has been damaged, only that the comments were made’. However it is believed Wiley will not be taking this case to the higher courts unless he feels that Ferguson is not punished severely enough by the FA.
The FA is expected to wait 48 hours before making their decision after receiving Ferguson’s statement of defence.
From reading McNae’s ‘essential law for journalists’, it became obvious to me just how much care should be taken when criticising other people in journalism, because everyone has a default right to their reputation.
Your reputation is mainly made up of facts such as your academic achievements and official statistics, which go together with the opinions of people who have met you to create your own reputation. If you are not careful, and make defamatory comments you risk libel damages.
Defamatory comments involve at least one of the four things listed;
- a statement that exposes a person to hatred, ridicule or contempt
- Causes them to be shunned or avoided
- Discredits them in their trade or profession
- Lowers them in the eyes of others.
An example of Libel in the news currently is the case of Sir Alex Ferguson criticising the fitness of premiership referee Alan Wiley in a post-match interview.
Ferguson was caught on camera commenting that Wiley ‘wasn’t fit’ and ‘needed a rest’, which are particularly defamatory remarks given the profession of Alan Wiley. This is because he was discrediting the ability of Wiley in his profession, and consequently exposing Wiley to ridicule..
According to The Independant newspaper on Wednesday ‘the law of libel stipulates that Wiley does not need to prove that his reputation has been damaged, only that the comments were made’. However it is believed Wiley will not be taking this case to the higher courts unless he feels that Ferguson is not punished severely enough by the FA.
The FA is expected to wait 48 hours before making their decision after receiving Ferguson’s statement of defence.
I will finish this blog with a quick question;
Would Sir Alex be in trouble if he made a cartoon for the next Man United programme implying that Wiley was unfit, instead of making the defamotory comments on Television?
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