Media Law: Libel and Defamation

Publication & Defamation & Identification = Libel

Defamation
If what you write:
-Lowers someone in the estimation of others
-Causes them to be shunned or avoided
-Ruins their profession
-Exposes them to hatred, ridicule or contempt

Defamation via pictures.
Careluss use of background shots, for example:
-Talking about an issue like fraud with an unrelated company in the background

Defamation Inferences
Things that could be read wrongly given the context.
An example of an innuendo in a headline being this:
http://www.reuters.com/article/2010/07/03/us-athletics-diamond-idUSTRE6622I420100703
Although this example being not necessarily harmful, journalists need to assess the whole context before hand.
Another thing to take into account is who you are writing about. Are they powerful enough to sue?

Libel Defences
-Justification - "It's true and I can prove it in court".
Having witnesses or defiant proof for something.
E.G. American media ran a story on Lindsay Lohan stealing a
$2,500 necklace, on the basis that the store in question stated
that they had CCTV footage of the star commiting the crime.

-Fair Comment - An honestly held opinion based upon facts or privileged material such
as press conferences. Or if the story is in the public interest.
-Balance - If the story explores both sides of a story or accusation fairly
-Bane and Antidote - Defamation removed by context (undoing what you've previously
said in the same article)
- Apologies and Clarifiation - For instance in this case
http://news.bbc.co.uk/1/hi/entertainment/3649261.stm

A journalist will have no defence if they have not:
-Checked their facts
-When they have not "referred up"
-When they have not attempted to put themselves in the shoes of those they are writing about
-Evidently got carried away by a juicy story
-Not bothered to wait for a lawyers opinion

Spot The Problem

We're back. After a lengthy Summer period which went past in a flash, we have returned to Winchester News Online. Where I now have the promotion from "What's On Girl", to Showbiz Editor. I do exactly the same thing, I just now sound more important when I fire off those oh so important emails begging for an interview.

Last weeks show was trial and error. I now have a producer in the form of Jake Gable, who is my camera man, co-presenter and general help when I start flapping over things like what to say in a link. We struggled initially to come up with a layout for the show, since this time around we wanted the show to be more engaging and more hands on. Anything showing the presenters up is going to be good viewing, and trying the events ourselves means we can have much more fun making the show. Especially when it's myself and Jake Gable who manage to find a pun or cheesy line to fit into any situation.

We narrowed it down to a Salsa Class, which Jake Gable attended alone on account of me being ill. A clip of Matthew LeTissier being interviewed which we borrowed from the guys over at Sports, and an interview we got with Rebecca Vaughan; the star of the show I,Elizabeth which is currently touring the country.
Although the show essentially came off without a hitch, we did encounter the usual problems upon the way. So in true fashion and to make my lecturers proud, I will simply list the things we could have done better.
Enjoy.

Problem #1:
Two cameras were originally just an idea to create a polished looking
finishing touch. (Two angles, practically Sky News). Instead it ended up
being a necessity, as, despite checking the cameras meticulously before
we left, one of them decided to give up on life just as we got into the
venue.

Problem #2:
Thanks to Problem #1, we captured Rebecca Vaughans answers to my
questions, but the moment she left, had to re-record me asking the same
questions, in the same tone of voice, to her empty chair. I literally
deserved an Oscar for my acting that day. I will thank the dead camera in
my acceptance speech.

Problem #3:
Dressing rooms have mirrored walls. Which is fantastic. Especially when
you don't want to get a reflection of a camera behind the stars head.
Lord knows we don't want the camera to be seen! A magician never reveals
their secrets.

Problem #4:
Props can't be hung on hot lightbulbs. Just saying.

I could go on. There was also the issue with the fact that I (unintentionally) gave myself the better camera angle whilst interviewing Rebecca, to the point where I made myself look more important. Given my (apparent) diva attitude and my (slight) tendency to want to hog camera time, I just get raised eyebrows when I say that this was NOT on purpose. Though I'm sure Freud would disagree.
Jake also encountered problems when he ventured out alone. Apparently Salsa classes are in the dark these days. Meaning poor old Jake was a mere silhouette upon our Final Cut Pro screen when it came to editing. Thank the powers that be that he did have shots in the light and we salvaged it with a voiceover (and a pun!).

Despite our setbacks, which unfortunately everybody must face, we pulled together a show. And for our first week back it could most definitely have gone worse.
Next week we're prepared to face all this, but in London for our Halloween special. It's going to be scarily good, I promise. (Sorry, couldn't resist).
But if you can't wait that long, watch last weeks show and play "Spot The Problems" to yourself.
There'll be less and less problems each week so enjoy the easy levels why they last.