Libel and Defamation

Defamation + Identification + Publication = Libel


Something is defamatory if it tends to:

• Lower someone in estimation in the minds of right thinking people
• Damages someone's reputation/disparages them in their business/profession/trade/employment
• Causes them to be shunned or avoided
• Exposes them to hatred, contempt or ridicule

Defences:

• Truth/justification (with 'proof')
• Honest opinion/fair comment (based on facts true at the time of publishing)
• Public interest (knowledge of event is sufficiently major benefit to society as a whole)
• Privilege

However, something cannot be defended if it is written with malice.


As Libel is a civil matter, there is a lower standard of proof - "On the balance of probability"
However the new Defamation Act 2013 means that those claiming to have been libelled must prove that the publication has caused them "serious harm."


Picture Libel: where pictures published alongside a statement or allegation appear to suggest that identifiable people in the shot are involved or responsible (e.g. shots of city workers when discussing insider trading, etc.)


Jigsaw identification can also lead to libel e.g. Lord McAlpine vs. BBC - whilst not identified outright, the information given in various publications lead to him being identifiable as an alleged child abuser on Newsnight; this libellous rumour spread on twitter and caused serious harm.