Law lecture - Revision

The following definitions are to be known for the law test.

Malice: when somebody writes/broadcasts/publishes something that is untrue and knows it's untrue. If there is malice, the person won't have any defense in court if sued.

Public interest: when an article/documentary/investigation exposes corruption, danger of public health which is misleading the community.

Innuendo: When a journalist makes an allegation without saying it clearly, just insinuating it, without any evidence.

Juxtaposition: when an article and a picture (for example) are next each other in a newspaper but have no link at all and mislead readers making them think that they're linked in some ways.

Defamation: broadly speaking a statement or opinion that lowers someone's reputation. The statement/opinion either exposes the person to: hatred, ridicule, contempt. The statement/opinion could lead people to avoid/shun the defamed person.

Libel: libel is composed of: defamation, identification and publication to a third part (a letter is enough!)

Slander: defamation in spoken form (very difficult to prove in court!)

The person who has been defamed has one year to undertake an action in court.

Somebody who is sued for defamation has three possible defenses: justification, fair comment or qualified privilege.

Subterfuge: when a journalist doesn't inform people he's interviewing that he's a journalist and that everything they say could be published.
Under what circumstances can you use it? When the information you're trying to get is in the public interest AND if you can't get the information in another way. You also have to get the authorisation from Ofcom if you want to broadcast the interview (radio and TV). You don't need any authorisation to publish the interview in newspapers though.

Do not interview or film children without their parents' consent.

Do not glamorise crime ( you have to be careful if you want to interview criminals)

Do not mention a person's nationality unless it's relevant to the story.

Main stages in a criminal affair: Investigation
Arrest and charges
Procedure at magistrates court
Verdict
Sentencing
Appeal

The case is active when the accused have been arrested and when the charges are brought.

The Qualified Privilege defense only applies when a judge is present.

You can't interview: members of the jury or witnesses when the case is active
members of the jury after the case about the case.