Unit 01 ao6 libel and the pcc

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Libel What is the difference between defamation, slander and libel? Libel and slander are types of defamatory statements. Libel is a written defamatory statement, and slander is a spoken or oral defamatory statement. Why were libel laws first introduced? English libel law was invented by the judges of the Queen's Bench as an alternative to dueling, to allow gentlemen to defend their reputations without resorting to violence. Like trespass and negligence, libel is a form of civil law. Civil law is concerned with the rights and duties of citizens, unlike criminal law, which addresses offenses against society, such as murder or assault. Why is it possible to review shows/films/performances and not be sued for libel? It comes under the fair comment defense, which is when everybody knows its an opinion. Why did Dr. Sarah Thornton win her case against the Telegraph? This is because the reviewer criticized Sarah Thorntons techniques and skill, not the text itself. The super-injunction protecting Ryan Giggs privacy was broken by John Hemming MP - why was this allowed? Because he was protected from libel when in the house of commons. Hemming, who was first elected as MP for Birmingham Yardley at the 2005 general election, is not a clubbable figure at Westminster. But he is an energetic campaigner who used parliamentary privilege last month to name a woman involved in a child custody case who was threatened with jail for speaking to politicians. Name 3 problems with UK libel law: They favor the claimant. They place a burden of proof on the defendant. The process is very expensive, and so favors the rich. Which individual are liable for libel on the magazine? The editor and the writer. Lynn Barber is liable for libel after giving a false allegation when reviewing her book, Seven Days in the Art World, in The Daily Telegraph in November 2008. Ms Barber alleged in her review that Dr Thornton had claimed falsely to have interviewed her for the book, and also alleged that Dr Thornton gave “copy approval” to those she had interviewed.

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Transcript of Unit 01 ao6 libel and the pcc

Page 1: Unit 01 ao6 libel and the pcc

Libel

What is the difference between defamation, slander and libel?

Libel and slander are types of defamatory statements. Libel is a written defamatory statement, and slander is a spoken or oral defamatory statement.

Why were libel laws first introduced?

English libel law was invented by the judges of the Queen's Bench as an alternative to dueling, to allow gentlemen to defend their reputations without resorting to violence. Like trespass and negligence, libel is a form of civil law. Civil law is concerned with the rights and duties of citizens, unlike criminal law, which addresses offenses against society, such as murder or assault.

Why is it possible to review shows/films/performances and not be sued for libel?

It comes under the fair comment defense, which is when everybody knows it’s an opinion.

Why did Dr. Sarah Thornton win her case against the Telegraph?

This is because the reviewer criticized Sarah Thornton’s techniques and skill, not the text itself.

The super-injunction protecting Ryan Giggs privacy was broken by John Hemming MP - why was this allowed?

Because he was protected from libel when in the house of commons. Hemming, who was first elected as MP for Birmingham Yardley at the 2005 general election, is not a clubbable figure at Westminster. But he is an energetic campaigner who used parliamentary privilege last month to name a woman involved in a child custody case who was threatened with jail for speaking to politicians.

Name 3 problems with UK libel law:

They favor the claimant.They place a burden of proof on the defendant.The process is very expensive, and so favors the rich.

Which individual are liable for libel on the magazine?

The editor and the writer. Lynn Barber is liable for libel after giving a false allegation when reviewing her book, Seven Days in the Art World, in The Daily Telegraph in November 2008.Ms Barber alleged in her review that Dr Thornton had claimed falsely to have interviewed her for the book, and also alleged that Dr Thornton gave “copy approval” to those she had interviewed.

Page 2: Unit 01 ao6 libel and the pcc

Press Complaints Commission

What is the role of the Press Complaints Commission?

The Press Complaints Commission is a voluntary regulatory body for British printed newspapers and magazines, consisting of representatives of the major publishers.

What do you understand by the terms ‘self-regulatory’?

control by oneself or itself, as in an economy, business organization, etc., especially such control as exercised independently of governmental supervision and laws. The 2009 British investigative documentary Starsuckers exposed the request to obtain medical records of celebrities by many of the red-top UK tabloids, and the lack of PCC action against the papers that had broken the PCC charter.

How is the press different in terms of regulation to TV and broadcast?

he PCC is funded by the annual levy it charges newspapers and magazines. It has no legal powers – all newspapers and magazines voluntarily contribute to the costs of, and adhere to the rulings of the Commission

Why is the PCC seen as ineffective?

Journalist Nick Davies criticized the PCC for failing to investigate the vast majority of complaints on technical grounds in his book Flat Earth News (2008), an expose of modern British newspaper journalism. The MediaWise Trust, a charitable organisation set up to help people in their dealings with the press says that the self-regulation system has proved to help the rich but not the poor.

What is set to replace the PCC?

Following the recommendations Sir Brian Leveson made in his Report published in November 2012, the magazine and newspaper industries have been creating a new, self-regulatory body - the Independent Press Standards Organisation (IPSO), in accordance with the Leveson principles. It is expected that IPSO will commence operations in September 2014. Barring unforeseen circumstances, the PCC will therefore be closing down in September.