Defamation & Media Contempt of Court

Defamation Act 2013 Libel – is when the defamation is written down or broadcast. Internet s Newspaper Magazines TV RADIO Slander – is the spoken word Conversations Meetings Gossip

What is Libel? WHAT IS IT? Defamation Four basic definitions in common law Exposes someone to hatred, ridicule and contempt Lowers the estimation of right thinking people generally Damages someone in their trade, profession or office Causes people to be shunned and avoided. REMEMBER: L I C E For a person to sue you (and the radio station) for libel all they have to show is: Serious Defamation Identified (they don’t have to be named if it’s obvious that it is them) Published (this means to a third party e.g. radio, magazine, newspaper) REMEMBER: D I P

Burden of Proof In the UK, if someone thinks that what you wrote or Broadcast about them is either defamatory or damaging, the onus will be entirely on you to prove that your comments are true in court. In other words, if you make the claim, you've got to prove it! For example if you said that Russell Brand was not funny. This is your opinion. If you said Russell Brand was had been fired from Radio 2 for not being funny and harassing female members of the production team – this could be libellous unless you can prove it.

In Court It is not for the judge or jury (at the outset) to decide how damaged he is - they just have to confirm that such accusations are false and damaging. Then the judge and/or jury decide on monetary damages. How wide spread the allegations is Key people have seen the allegations Affects earnings

Other’s Can be Sued If the comments about Russell Brand where made on air the Radio station and presenter can be sued. If it is then in the papers the next day and they are reporting this allegation to be true then the paper can be sued. The disruptor of the news paper can be sued The newspaper seller can be sued.

Contempt of Court Act The strict liability rule indicates that conduct tending to interfere with the course of justice - particularly legal proceedings - may be treated as a contempt of court regardless of whether there was any intent to so interfere. This applies to; any speech, writing, broadcast or other communication in whatever form which is addressed to the public at large or any section of the public.

When does a case become active? Different tests apply for criminal and civil cases. In criminal cases, proceedings become active for the purposes of the strict liability rule with: An arrest without warrant. The issue of a warrant. The service of a summons. The service of an indictment. Oral charge. Criminal proceedings cease to be active: Upon acquittal or sentence. Upon any other verdict, finding or decision which puts an end to the proceedings. By discontinuance or by operation of law.

Contempt of Court Act Publishing previous convictions Suggesting the defendant has confessed Suggesting accusations of more serious crimes or crimes they are not facing Suggesting they are guilty Saying something so bad about them a that you could prejudice a potential jurors against them Joining in a media crowd mentality of libelling and demonising somebody arrested on a police inquiry or wanted by warrant for arrest

What is substantial risk? In making an assessment of whether the publication does create a substantial risk of serious prejudice the court will consider: The likelihood of the publication coming to the attention of a potential juror. The likely impact of the publication on an ordinary reader at the time of publication. The residual impact of the publication on a notional juror at the time of trial. In assessing the likelihood of a publication coming to the attention of a potential juror, the court will consider whether the publication is distributed in the area from which jurors are likely to be drawn and the number of copies circulated. In assessing the likely impact of the publication on an ordinary reader, the court will consider the prominence of the article in the publication and the novelty of the content of the article in the context of likely readers. The court will also take into account the length of time between publication and the likely date of trial, the focusing effect of listening over a prolonged period to evidence in a case, and the likely effect of the judge’s directions to a jury.