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WHO WANTS TO BE (SUED FOR) TALK ON AIR? As we noted in the modules the issue of libel is a complex one, but one that even community broadcasters must take account of, as ignorance of the law is no defence. The Irish Constitution protects both the right to one's 'good name' and the right to freedom of speech. Neither right is absolute, each qualifies the other. If the right to one's good name were absolute then critical statements could be made by the media about anyone. While if the right to freedom of expression were absolute then no citizens reputation could be protected from unfounded allegations by the various media. Accordingly, the law seeks to strike a balance between these two competing rights. It does this through the law of defamation. There are two key principles of the law of defamation that everyone
involved with community broadcasting should become familiar;
The entire law of defamation is about the application of these principles to any individual case, which occurs.
In general, any actionable defamation is the publication of matter that conveys a defamatory imputation. In the law of defamation, the term 'publication' means communication to a third party, i.e. a person other than the speaker or writer on the one hand and the person spoken about on the other. A person may say what he likes to a persons face, or a private letter; there is no publication in law unless and until a third party hears ore reads it. The person who communicates the material is termed the publisher and this can refer to a private conversation. A newspaper article or a radio or television broadcast.
And finally remember, defamation is a question of fact not of intention. Despite all the technical difficulties such as unpredictability of interpretation, each form of words has, in law, only one meaning and that is the meaning that a judge or jury will find that the utterly reasonable reader or listener, either with or without special knowledge, would attribute to it. If the meaning is defamatory, it does not matter to the question of libel or no libel that it may have written or spoken without any defamatory intent. And if it is not defamatory, it does not matter that many persons may in fact have interpreted it in a defamatory sense. This is as we've noted, that defamation is a matter of fact not of intention. To recap, defamation is:
There are many defences against a libel suit, and if you find your self being sued for defamatory publication you will certainly need legal advice on the best defence.
However, the very best defence is rigorous training and competent editorial control. And always remember the journalists' maxim: When in doubt, leave out.
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