Let’s talk legal.
When I mention the word journalism, what comes to mind? Personally, my brain immediately thinks of breaking news, interviews and flashing cameras. My first thought isn’t regarding the various legal challenges facing journalists, although in a society prone to invasion and a desperate need to know everything about everyone, it’s a vital afterthought and a subject that I now know far more about. However, if you’re still in the dark when it comes to the legal struggles that journalists are face-to-face with, keep reading!
Defamation:
Prosser defines defamation as “an invasion of the interest in reputation and good name, by communication to others which tends to diminish the esteem in which the plaintiff is held, or to excite adverse feelings.”
Defamation is one of the key legal challenges facing journalists. For a statement to be defamatory it must presume to be false. Other features of defamation include damaging the reputation of a person and causing that person to experience hatred, judgement or to be avoided. Defamation can be divided into two sections, slander and libel.
Slander: An untrue spoken statement that damages a person’s reputation.
Libel: A defamatory statement that has been written.
Martin (1966) argues that laws regarding defamation were created in order to fit a “social need.” Understandably so, as the spread of false or misleading information can have a severe and unfortunate impact on the subject matter as well as cast negative public opinions. Therefore, when journalists are reporting on an issue, they must be sure that their information is justified, truthful and within the public’s interest.
Need an example of defamation in the media? There’s so many to choose from but let’s cast our minds back to 2011, when actress Katie Holmes settled a $50 million libel lawsuit against Star magazine, who falsely claimed the actress had a drug addiction. Holmes’ lawyers suggested this was an attempt to “vindicate her reputation” whilst the actress released a statement explaining that “of all the fabricated stories that continue to be published about me, this instance is beyond the pale. The publisher knew this outrageous story was false and printed it anyway to sell magazines.”
Holmes’ reaction is not surprising, particularly as she was mother to a 5-year-old daughter (now 14) at the time, and with a young and impressionable fan base she ran the risk of her reputation being tarnished not only as a parent but as a professional. The case was settled with Star issuing a formal apology and donating to a charity of Holmes’ choice.
I was able to speak to Wiktoria Rzeszotek, a final year journalism student at Bournemouth University. When asked what her thoughts were on the legal challenges facing journalists, she explained that the laws put in place are necessary and are in the best interest of both the public and journalists.
“Before entering a professional journalistic environment, I didn’t realise just how many rules and regulations journalists had to follow. Previously there weren’t as many limits on what you could and couldn’t say or do. However, I think it’s important to have these rules in place in order to protect both journalists and their subjects, particularly those in the public eye as it gives them the right to privacy.”
Reflecting on Wiktoria’s statement, it’s interesting to imagine just how far journalists would go if it wasn't for certain laws and restrictions.
Speaking of which, let’s talk about Privacy Laws. Quite simply, these laws are put in place in order to protect a person’s right to privacy, which is both a legal and ethical issue.
The Date Protection Act (2018) was introduced in order to modernise laws regarding how an individual’s personal data is used. However, it could be argued that this regulation contradicts Article 10 of the European Convention which explains freedom of expression.
“Everyone has the right to freedom of expression. This right shall include freedom to hold opinions and to receive and impart information and ideas without interference by public authority and regardless of frontiers.”
NOTE: This doesn’t mean journalists can say whatever they like without consequences. The article goes on to explain the limitations of freedom of expression, which journalists must take into account when publishing a story.
“The exercise of these freedoms, since it carries with it duties and responsibilities, may be subject to such formalities, conditions, restrictions or penalties as are prescribed by law and are necessary in a democratic society.”
Therefore, it is important that journalists strike a balance between reporting for public interest and invading one’s privacy.
Future journalist? Then listen up! The NUJ (National Union of Journalists) have created a code of conduct, which identifies some of the key professional principles of journalism, including:
- Strives to ensure that information disseminated is honestly conveyed, accurate and fair.
- Does nothing to intrude into anybody’s private life, grief or distress unless justified by overriding consideration of the public interest.
- A journalist shall normally seek the consent of an appropriate adult when interviewing or photographing a child for a story about her/his welfare.
- Produces no material likely to lead to hatred or discrimination on the grounds of a person’s age, gender, race, colour, creed, legal status, disability, marital status, or sexual orientation.
- Protects the identity of sources who supply information in confidence and material gathered in the course of her/his work.
So, if you’re interested in a career in the exciting world of journalism, make sure you become familiar with the above standards in order to protect yourself from any legal issues.
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