for writing research and evidence class

1. Aigerim Mamyrova JMC-111
Writing research and evidence

2.  “Sticks and stones can break your
bones, but words can never hurt you”

4. What is libel?
Libel is a published defamation of
character, writing or pictures that expose
a person to
hatred, shame, disgrace, contempt, or
ridicule. Injure a person’s reputation or
cause the person to be shunned or
avoided, or injures the person in his or
her occupation.

5. Journalists must have a healthy respect for laws
of libel and privacy because they uphold the
right to an individual’s ―good name‖ and the
right of private citizens to conduct their private
lives without intrusion.
That said, there is a balance to be struck.
Journalists should not allow concern about the
law to prevent them from doing their work
conscientiously for the public good. The best
safeguard against a libel action is good
journalistic practice: thorough, accurate and
balanced reporting, careful and sceptical
editing, and fair-minded presentation.

6. Types
Libel per se, “obviously
defamatory” publications.
Libel per quod, “publications
which are not obviously
defamatory, but which
become so when considered
in connection with
innuendo, colloquium and
explanatory circumstances.”

7. Four specific types of libel
per se:
• accusing a person of having
committed “an infamous crime.”
• charging that a person has “an
infectious disease.”
• impeaching a person in his or her
trade or profession.
• a catch-all category consisting of
communication that “tends to subject
one to ridicule, contempt or
disgrace.”

8. LIBEL PER SE
 The more obvious of the two, libel per
se, means "by itself" or "on the face of it."
The reader or viewer does not have to
interpret or study in order to understand the
libel per se because it is obvious or
evident. Libel per se is the more serious of
the two types, and persons libeled in this
manner do not have to prove that
they suffered damage to their
reputations, monetary loss or other injury.
Libel per se can support a lawsuit in itself.

9.  The second type of libel is committed by inference
and is more ―hidden.‖ Its legal term, libel per quod, means ―bec
ause of circumstance‖ or ―by means of circumstance.‖ In libel per
quod, the statements, words or phrases involved maybe harmless in
themselves, but
become libelous because of attached circumstances.
Usually, such circumstances are unforeseen by the
publisher, who can claim that the questionable material
was published in good faith and without malice. However, good
faith is not a complete defense.

10.  Libel per quod is the most common of all
libels.
Very few publishers intentionally undertake
the risk involved in printing material that is
obviously libelous. However, libel per quod
often occurs because of errors
or negligence. There are countless other
examples of libel by circumstances —
wrong names, wrong addresses, and so
forth.

11.  Professionals. Attorney: shyster, ambulance
chaser, crafty, unprincipled, and slick
 Business person: swindler, racketeer, double-
dealer, cheat, and phony.
 Politician: liar, grafter, perjurer, seller of
influence, pocketer of public finds, and criminal's partner.
 Doctor: quack abortionist, faker, and incompetent.
Also, never use such words as crooked and criminal to
describe people or their behavior.
 Affiliations. Red, Communist, Nazi, a member of the Ku
Klux Klan, atheist, nudist and socialist (sometimes).
 Honesty and Morals. Unreliable, a credit
risk, hypocrite, adulterer, unchaste, prostitute, drunkard, c
onspirator, mistress and thief.

12.  A statement about a national, ethnic, religious
or similar group might not be libelous, but it
might fall under laws banning incitement to
hatred or hate speech. Some states place a
ban on criticizing the heads of friendly nations
or even the country itself. Remember, it is
possible that people can be identified in an
article even if they are not specifically named.
An official could be identified by title or
position, by occupation or by address. If a
group is so small its members are easy to
identify individually- workers in a small office -
they may all be able to sue.

13. A Common Sense Approach
Before going into the specific details of
various laws, it is important to have a
common sense approach to the issues:
 Be attentive to complaints about accuracy
and fairness, and be prompt in correcting
errors. An angry reader treated fairly who
sees that you are willing to fix mistakes
might be less inclined to take further action.
A swift correction can also be seen as
mitigating evidence in a court.

14.  Never ignore a threat of legal action. Talk about it
with a senior editor as soon as possible. Do not hope
it will go away.
 Be sure that senior editors have a chance to check
sensitive articles early before they are published.
Decisions that might need legal advice - whether
there might be some protection against a person
likely to sue or whether a tough statement might be
protected because of the circumstances – should not
be made by a single sub-editor a few minutes before
a publication deadline.
 Good journalism means sometimes taking a risk, but
it must always be for a good, well thought out
reason. Taking sound legal advice and considering
issues of libel is often about risk assessment.

15.  Some countries consider libel a criminal
matter, which means the accused could
go to jail. Others consider it a civil
matter, but losing could incur heavy
damages. Some plaintiffs will use both
civil and criminal law.

16.  In some countries, insults or even strong
criticism against minister or public
officials may be considered libellous or
even criminal. In other countries
criticism of public figures is given wide
latitude in the interest of the public good
and democracy. There is simply no
universal agreement, so journalists must
familiarise themselves with local law and
practice.

17. No matter how many others have written a
story, do not write it unless you know
you yourself can prove it

18. Defamation laws by jurisdiction
Internationally
Article 17 of the United Nations International
Covenant on Civil and Political Rights states
 1. No one shall be subjected to arbitrary or
unlawful interference with his
privacy, family, home or correspondence, nor
to unlawful attacks on his honour and
reputation.
 2. Everyone has the right to the protection of
the law against such interference or attacks.

19. Defenses Against Libel
There are several common defenses a reporter has against a libel lawsuit:
 Truth Since libel is by definition false, if a journalist reports something
that is true it cannot be libelous, even if it damages a person’s
reputation. Truth is the reporter’s best defense against a libel suit.
 Privilege Accurate reports about official proceedings – anything from a
murder trial to a city council meeting or a congressional hearing –
cannot be libelous. This may seem like an odd defense, but imagine
covering a murder trial without it. Conceivably, the reporter covering
that trial could be sued for libel every time someone in the courtroom
accused the defendant of murder.
 Fair Comment & Criticism This defense covers expressions of
opinion, everything from movie reviews to columns on the op-ed page.
The fair comment and criticism defense allows reporters to express
opinions no matter how scathing or critical. Examples might include a
rock critic ripping into the latest Britney Spears CD, or a political
columnist writing that she believes President Bush is doing a horrible
job.

21.  Finally, in legal review of a story, it is important
to keep a clear distinction between the
lawyer's and the editor's roles. The function of
a newspaper's lawyer should be to identify all
risks, suggest ways to minimize those
risks, and assess the evidence available to
defend the newspaper, if necessary. The
decision of whether and what to publish should
be made by the editor, who is in a position to
weigh the identified risks against the
importance of particular facts and the news
value of the story.

22.  For journalists, the best way to avoid a
libel suit is to do responsible reporting.
Don’t be shy about investigating
wrongdoing committed by powerful
people, agencies and institutions, but
make sure you have the facts to back up
what you say.

23.  http://seattletimes.com/legalguide/3_1_A
.html
 http://photographytraining.tpub.com/141
30/css/14130_175.htm
 http://www.utro.ru/articles/2012/07/30/10
62195.shtml
 IWPR manual –pages 137-165