Today I learnt all about..Defamation!

Simply Defamation is a dispute between two parties with a bit of reputation thrown in. For example if you damage someone's reputation its like damaging their property since it reflects badly on them and you also damage something personal to them. People have the reputation that they are entitled to, not what you believe yourself to have. For instance your own reputation is derived from what other people think of you due to your behaviour etc. This is why it is so important to not act in a way that can be perceived as negative. Foe example we used Gary Glitter as an example to show that his misconduct of Paedophilia has 'defamed' him and torn his reputation to pieces. When using the word  'defamed' it means to have what people think of you (that is good) taken away from you.

Every regular joe like you and I have no valuable reputation to ruin, its is the celebrities that spend their time suing various newspapers and TV channels for thousands of pounds in order to restore their reputation since they tend to believe that what was either written or spoken about them to be untrue and therefore threatening to their reputation. Katie Price is a celebrity is infamous for suing various tabloids for 'untrue' stories. You just have to type Katie Price and suing into Google and you get a never ending list of cases where she has sued a magazine for their supposed lies and defaming. The most recent story involves Katie threatening Channel 4 with a lawsuit because they broadcasted a show which included comedian Frankie Boyle making a disgusting joke about her son. (http://www.guardian.co.uk/media/2010/dec/10/katie-price-frankie-boyle-joke)
More generally if you say something about a person which may tend to diminish their reputation then you have indeed defamed them.

Slander is defamation in a spoken form by writing it down it down it therefore becomes Libel
and Libel is a defamatory statement that is published in a permanent form which therefore identifies a particular person. No one can be Libel unless they are identified such as by in photos in a newspaper. This is done so that no confusion can be caused, E.g. no one else who has the same name as the killer can be confused with the killer. Therefore no legal action will be taken.

Publication + Defamation + Identification = Libel

Defamatory can display any four of these:

1) Exposes them to hatred, ridicule or contempt.
2) Causes them to be shunned or avoided.
3) Discredits them in their trade, business or profession.
4) Generally lowers them in the eyes of right- thinking members of Society.

Libel is the only type of Civil Case that is normally tried with a Jury, it is up to a jury to decide whether the words were actually spoken ( Slander) or published or broadcasted ( Libel) are defamatory or not.

There are Big three Defences:

• Justification that the defamatory statement is true and you can prove it (in front of a Jury) You can win any libel case if you have proof.
• Fair Comment You must make it clear that it is a fact and your honest own opinion. E.g. if you think someone is ugly.
• Privilege This means that you are exempt from the Law, can disobey it. E.g. A soldier shooting someone in war.

Qualified Privilege is exclusively for journalists who are exempt from Law of Libel within certain limitations. You must be Fast, Accurate and Fair. You therefore cannot make spelling mistakes or you lose the privilege and you must include the not guilty plea in your report.