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SESSION B.7 : TRAINERS NOTES

WHO WANTS TO BE (SUED FOR) TALK ON AIR?

Objectives:

  • To avoid a libel suit.
  • To understand the current legal situation.
  • To protect the station and persons good names.

This module offers two approaches.

A game show questionnaire approach, and a case study approach.

You can decide which best suits the group.

For the game show, you can offer an exponential sum of imaginary money (That is, doubling for each successful answer) to make the module more interesting.

Of course, you should explain that the 'right answer' for these questions are based on Irish libel law and, given the adversarial nature of such a system and also on interpretations of points of law by the particular judge and the make up of a particular jury, a different answer might be correct. But in general these are the most likely outcomes.

The constitution protects both the right to one's 'good name' and the right to freedom of expression.

Neither right is absolute, each qualifies the other.

If the right to one's good name were absolute then the media could make no criticism of any kinds against an individual. And if the right to freedom of expression were absolute then no person's reputation would be secure from the most unfounded remarks through all media.

  • Community broadcasters, like all others in the media should familiarise themselves with the general workings of the legal system in their country as it is of vital importance both to protect the finances of the community station and to ensure that community media does not unfairly damage any persons good name.

The law seeks for a balance of these two rights and so should community media.
The law achieves this balance through the law of defamation.
The constitution states 'the state shall vindicate the good name of every citizen'.
You should make sure that key broadcasters are aware of the seriousness of this issue of 'good name'.

The two key principles of the law of defamation, in so far as it affects the media, are these;

1) A person has a right not to have his reputation adversely affected by false publications that discredit him.

2) A journalist (or anyone else) has an absolute right to publish anything that can be shown to be true or substantially true.

Note the italics. Make sure you can prove in a court of law, if necessary, that the published remarks are true or substantially true.

This entire area is a minefield for the professionals in the field, being amateurs does not absolve us of the same responsibilities. We must exercise as much care, both to protect the community project but equally to protect the good name of innocent persons.

Material:
Exercise sheets.
Pen and paper.


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