One
of the most concerning things for a NEW Journalist is being faced with legal
action due to Libel or Defamation in some other way.
I
have some top tips for you to avoid being caught out!
Check
your facts!
This may seem like an obvious point,
but it is vital. The information you share has to be TRUE. Everything you write
has to be supported by evidence and you have to be able to back up what you
say. Journalists have the right to report on public interest events and should
do so accurately and fairly. But even if something is true and of public
interest doesn't mean that you can report it without risk.
Avoid
Misrepresenting
A Journalists must not misrepresent a story and should avoid attacking the character of a
person or company that is being reported . You should also be careful
when referring to a person or business or group of people, even if a specific
name isn't used. By not specifically identifying who you are talking about does
not mean you can't still be caught out and what you say could be damaging to
others that could be targeted by your story. This can be through innuendo,
jigsaw identification, inaccurate identification or even juxtaposition.
Check
your story!
By this I mean literally check your
story. Check your headlines, captions etc. Check the photos included in your
story, not forgetting to check the ones that will appear alongside your story!
Your defence in court will not stand up if you didn't realise you had
mis-spelled a name, or you didn't mean to offend.
In
Defence - Some things to know:
The claimant has to prove that you have defamed them
- That you have identified them in your story (not necessarily by name)
- That it has caused or is likely to cause serious harm to their reputation.
- The claimant does not have to prove intent!
Legal
Cases
When reporting on legal cases the
rules are strict as to what is allowed to be shared with the public. The HumanRights Act, states that a person is Innocent until proven guilty and that a
person has the right to a fair trial. If as a Journalist you print a story or
write something that could potentially cause prejudice against a defendant or
indeed the legal proceedings of a case, then you can be held in Contempt.
It is
important to remember that victims of sexual offences are given LIFELONG
ANONYMITY so never disclose the name of a victim or even their family, since
that could still identify the victim.
These tips are of benefit not just
to a new Journalist, but also to the general public, since so much information
can be produced by the public, they too can be just as easily taken to court for
Slander, Libel or Defamation in any way.
