Defamation is a false statement that has the ability to harm or hinder a business or a persons reputation.
Libel: covers the written word
Slander: covers the spoken word
Law: Defamation act 2013
The law of defamation allows individuals and companies to sue if a statement said about them has the ability to damage their reputation. Something is defamatory if it: lowers them in the estimation of right thinking members of the public and causes them to be shunned or avoided and disparages them in their office, trade or profession. Exposes them to hatred, ridicule or contempt. The size of their reputation can effect the size of the damages claim. The person does not have to be named to make the claim.
The defamation triangle: top: person making the statement, left: person who had the statement made about them, right: audience: the more people involved the bigger the case or defamation, anyone who repeats it will be sued.
Fair comment: if it is an opinion intended to be malicious- careful though as this is a grey area.
Public interest: if the person makes the claim or statement believes it is public interest, anything effecting the rights, health or finances of the public at large.
privilege from official source: privilege is a defence
absolute: covers anything said in court or the house of commons
qualified: using information from an officials statement provided it is without malice and in the public interest
Other defences: website owners are also protected- where a comment is posted on there site by someone else
scientific and academic journals are also covered (peer reviewed)
The Mike Hancock child abuse case:
1. people involved include: Mike Hancock, Russian spy who he had a 4 year affair with and Jason Packer.
2. In 2011 Mike Hancock who at the time was Lib dem MP and representative of Portsmouth was accused my multiple accounts of committing abuse on many underaged victims. Mike Hancock denied these claims and vowed to clear his name and keep fighting. For the next 4 years Mike Hancock would continue to be plagued by these accusations with more and more people accusing Hancock. During these 4 years the local news and even the bigger papers such as the Daily Mail jumped onto the wagon and began accusing him after apparently finding evidence. However what was found out instead was that Mike Hancock had actually just ended a 4 year affair with a Russian spy. After this evidence was found out and the continued accusations Mike Hancock announced in early 2015 that he would quit as mp for the Lib Dems. At the end of 2015 Hancock announced that he would be returning to politics as a independent mp despite still being accused of such crimes. In October 2015 childrens entertainer Jason Parker accused Mike Hancock of using agents to plant child abuse pictures onto his computer Mike Hancock has since denied these claims.
contempt of court
Contempt of court is being disobedient or rebellious towards a court of law and its officers in a form of behaviour that defies authority.
- crime committed
- accused of crime
- arrest made
- court hearing
- official sentence
- arrest or fine
Laws this story has broken
The laws that this story has broken includes putting the identity of baby bear in the story who is under 18. As well as this is other family members identities being bought up without permission and evidence potentially damaging a family. Also accusations have been made without evidence which is defamation and contempt of court. Finally being biased and aggressive in the letter does not help the case possibly damaging there lives.
In order to overcome this the journalists should avoid making accusations without evidence.
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