Libel
The following is taken from a BBC Action Network webpage:
- What are defamation and libel?
- Get your facts right
- Three tips for writing
- Common mistakes and assumptions
- Defences against libel
- If a complaint is made
1. What are defamation and libel?
Defamation is any published material that damages the reputation of an individual or organisation. This includes internet content, radio, and television broadcasts. If it doesn't fall under recognised legal defences, publication constitutes libel and may incur substantial damages.
Libel online
Internet sites are bound by the same libel laws as print publishers. In a notable 2002 case, Joseph Gutnick sued Dow Jones under Australian law for online libel. In the UK, ISPs are increasingly pressured to remove defamatory content. Comments posted by others can also create liability. These developments affect freedom of expression.
The purpose of libel law
Libel law protects individuals and organisations from untruthful attacks. A person is libelled if a publication:
- Exposes them to hatred, ridicule or contempt
- Causes them to be shunned or avoided
- Discredits them in their trade, business or profession
- Generally lowers them in the eyes of society
2. Get your facts right
Always ensure what you write is true. The meaning a reasonable reader takes from your words is crucial, not your intent. The burden of proof lies with the author/publisher, not the complainant.
McLibel case
The 1990 McDonalds libel case against Helen Steel and David Morris highlighted the importance of proving allegations from primary sources. They were found liable for most statements and ordered to pay damages.
3. Three tips for writing
Don't rely solely on literal meaning: Consider extended implications of statements.
Don't exaggerate: Avoid language that could be considered defamatory.
Innuendo can catch you out: Statements may be harmless literally but defamatory in context.
4. Common mistakes and assumptions
Repeating rumours: Avoid repeating unproven allegations, even with "allegedly".
Quoting others: You are liable if you cannot prove statements' truth.
Drawing unprovable conclusions: Do not infer unverified facts.
Irresponsible adjectives: Avoid exaggerating language that could misrepresent facts.
Representing all sides: Presenting all sides does not protect against liability.
5. Defences against libel
The law allows several defences; if successful, the publisher wins:
Justification: Prove the truth of the material.
Fair comment: Opinion-based comments are defensible if based on fact, in good faith, without malice, and on a public interest matter.
Privilege: Certain contexts, like parliamentary proceedings or courts, allow reporting without liability.
6. If a complaint is made
Steps to consider if a complaint arises:
- Take legal advice promptly.
- Review original statements and investigative work.
- Consider withdrawing statements if incorrect.
- Do further research if needed.
- Keep all drafts and evidence.
- Ensure everyone involved is aware and can provide evidence.
- Inform insurers if you have libel insurance.
Use this guide to understand why content may be rejected for libel and rewrite contributions accordingly.