Defamation Law Essay Research Paper Communication Law

Defamation Law Essay, Research Paper

Communication Law and Ethics Essay

Law Question: Week 4: Who can be sued in a defamation case. Outline possible defences, citing case studies.

The penguin Modern English dictionary defines defamation as a false report made maliciously to injure. Other definitions of defamation include slander and calumny.

The basic idea of defamation is simple. It is an attempt to balance the private right to protect one’s reputation with the public right to freedom of speech. Defamation allows people to sue those who say or publish false and malicious comments.

There are two types of defamation, the first being oral defamation and the second being published defamation. Oral defamation, also known as slander involves the comments made verbally that could cause damage to a person’s reputation, for example comments or stories told at a meeting or at a party.

Published defamation involves written material being distributed which adversely affects someone’s reputation. This form of defamation is also called libel.

Anything that injures a person’s reputation can be defamatory. If a comment brings a person into contempt, disrepute, or ridicule, it is likely to be defamatory.

The law of defamation involves the statements or claims by one person that adversely effects the reputation of someone else. (Armstrong, Lindsay and Watterson (1995) Media Law in Australia, 3rd edition, Melbourne: Oxford University Press.)

Defamation law carries heavy implications for what is published an example of this would be that of Sir Robert Askin who was premier of the state of New South Wales for a decade beginning in 1965. It was widely rumoured that he was involved with corrupt police and organised crime, collecting vast amounts of money through bribes. But this was never dealt with because media outlets knew he would sue for defamation. Immediately after Askin died in 1981, the National Times ran a front-page story entitled” Askin fiend to organised crime”.

There are a few complexities with Defamation Law and it can be argued that these complexities change the way defamation law is regarded. It is seen at times as a not a way of protecting people but as a way to inhibit free speech.

Cost is a major factor in defamation law, if you are sued for defamation, you could end up paying tens of thousands of dollars in legal fees, even if you win. If you lose you could face massive pay out on top of the fees.

The large costs, due especially to the cost of legal advice, mean that most people never sue for defamation. If you don’t have much money, you don’t have much chance against a rich opponent, whether you are suing them or they are suing you. Cases can go on for years. Judgements can be appealed. The cost becomes enormous. Only those with deep pockets can pursue such cases to the end.

An example of this would be in 1989, Tony Katsigiannis , as president of the free speech committee, wrote a letter published in the Melbourne age and the Newcastle herald discussing ownership of the media. Among other things, he said of a review of the broadcasting Act “that its main concern will be to save the necks of the government’s rich mates.” Although he mentioned no names, Michael Hutchinson, a public servant who headed the review of the broadcasting act, sued him and the newspaper owners for defamation. Hutchinson sued on the basis of imputations in the letter, which can be judged defamatory even when not intended by the writer. Hutchinson said he wouldn’t accept just an apology; he wanted a damages payment and his legal costs covered, Katsigiannis received $20, 000 worth of legal support form his friends, but after three years of struggle he agreed to a settlement in which he apologised but received Hutchinson received no money. These issues often lead to defamation law being only used by the rich and powerful to deter criticism and is seldom used to help ordinary people whose reputations are attacked unfairly.

People say and write defamatory things all the time, but only a few are threatened with defamation. Sometimes gross libels pass unchallenged while comparatively harmless comments lead to major court actions. This unpredictability has a hindering effect on free speech. Writers, worried about defamation, cut out anything that might offend. Publishers, knowing how much it can cost to lose a case, have lawyers go through articles to cut out anything that might lead to a legal action.

Defamation law is so complex that most writers prefer to be safe then sorry. Judges and lawyers are the only people who truly understand how the law will be applied therefore those who desire to defend a defamation case without lawyers are deterred by the complexities.

The slowness of defamation law also plays a major part in deterring people to go to court in order to defend themselves. Many defamation cases are launched years after a statement was made or published. Cases can take many years to resolve.

Just about every single person can be sued for defamation; defamatory comments are made every single day. Only rarely does someone use the law of defamation against such statements. Only a living person can be defamed, however relatives of the deceased may be able to sue if the defamatory statement includes them as well as the deceased.

Defamation law re

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