Intro to Press Regulation 1: The Legal System

Who polices the Press?

1. The Legal System (relevant statutes)

There are relevant UK laws on: • Defamation• Libel/slander• Harrassment• Contempt• Copyright

Defamation, libel and slander• Defamation—also known as slander (for transitory statements), and libel

(for written, broadcast, or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually, but not always, a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).

• In common law jurisdictions, slander refers to a malicious, false and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism.

• Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. "Unlike libel, truth is not a defence for invasion of privacy."

• Each time an article containing defamation, libel or slander is published, it counts as a new publication.

• slander - harmful statement in a transitory form, especially speech• libel - harmful statement in a fixed medium, especially writing but also a

picture, sign, or electronic broadcast, each of which gives a common law right of action.

• The fundamental distinction between libel and slander lies solely in the form in which the defamatory matter is published. If the offending material is published in some fleeting form, as by spoken words or sounds, sign language, gestures and the like, then this is slander. If it is published in more durable form, for example in written words, film, compact disc (CD), DVD, blogging and the like, then it is considered libel. Libel and slander both require publication.

• The debate whether Internet blogs or Bulletin Boards are publishers is a key subject being addressed, whereas an Internet based community is more akin to conversations in a bar or pub, with content being written as an ongoing dialogue that is generally not edited or regulated such as in the publishing industry.

• "Defamation" is the general term used internationally, and is used where it is not necessary to distinguish between "slander" and "libel".

2. The Human Rights Act 1998

• Act of Parliament• European Court of Human Rights• Invasion of Privacy..........injunctions/ prior

restraint• Freedom of expression• Legal requirement for courts to interpret

British Law according to HRA

• Everyone has the right to respect for his private and family life, his home and his correspondence.

Article 8: privacy

Everyone has the right to respect for his private and family life, his home and his correspondence.

There shall be no interference by a public authority with the exercise of this right except such as is in accordance with the law and is necessary in a democratic society in the interests of national security, public safety or the economic well-being of the country, for the prevention of disorder or crime, for the protection of health or morals, or for the protection of the rights and freedoms of others.

•Everyone has the right to freedom of expression.

Article 10: 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. This article shall not prevent States from requiring the licensing of broadcasting, television or cinema enterprises.

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, in the interests of national security, territorial integrity or public safety, for the prevention of disorder or crime, for the protection of health or morals, for the protection of the reputation or rights of others, for preventing the disclosure of information received in confidence, or for maintaining the authority and impartiality of the judiciary.

Overriding question

• Is it in the public interest?

• The public’s right to know is a major factor either when adjudicating a case or granting an injunction or super injunction (gagging order)

Recent high-profile examples• John Terry (invasion of privacy)• Max Mosely (invasion of privacy)• The McCanns (libel, privacy)• Naomi Campbell (privacy)• Charley Uchea (defamation)• Lily Allen (harrassment)• Tescos/Trafigura (libel)• Barclays (contempt)