Journalism Blog- Week 13

Chapter 17- Perils of Defamation

1. Although legal fees would be a long and painful expenditure, I would stand by the decision to go to court. If she decided to sue then she sues. I think an apology is enough. If someone can't accept an apology then that is their own problem. I have never seen a full page apology and I can't imagine it would look very good in a credible newspaper. In fact, publishing the feature story would tarnish the newspapers reputation for accuracy.
2. No I wouldn't support it. Everyone, including public figures have and should have the right to defend themselves, and sue if need be, in the case of defamation. The media should not have the power to limit the rights of others.
3. I would say I would reveal her identity. At least in this way you have a defence on why you wrote the alleged 'defamed' part. The source should be accountable for giving false information to the media. If she has run away, then clearly she knows you would want to contact her. For legal purposes, I feel the identity must be revealed.

To limit exposure to defamation action and to provide protection if an action is initiated, the most common-sense approach is to work as though your articles will be published in the jurisdiction with the most stringent defamation laws. That approach will cover you if stories are run nationally or put on the web. Always ensure comment is fair and based on facts. Always strive for balance and accuracy.

Defamation Checklist- Journalists should:

• Never make assumptions and never guess anything.
• Take clear, accurate notes. Where possible, record interviews and note date and time.
• Never argue with someone being interviewed. Claims of malice might later be made. If someone attempts to engage in an arguement and it involves a sensitive story that might attract a writ, make notes of the conversation as quickly as possible, date them and have an idependent person sign them.
• Ensure every side of an issue is sought. Strive for balance from the top to the bottom of the story. Readers should not be able to work out what a reporter thinks from reading a story.
• Get primary documentary evidence wherever possible.
• Handle complaints with care. Do not make any confessions or admissions. Discuss the matter with the editor or chief-of-staff.
• If someone refused to return telephone calls, ensure careful records are kept to show these attempts were made. Make a note of the date and time each call was made and note the name and position of the person who took the call. In difficult cases also send emails seeking an interview, keep copies of them. This will provide a record to help protect a reporter accused of failing to seek balancing comment.
• Be mindful that a process of 'discovery' in a lawsuit means you may be asked to produce notebooks, tape recordings, letters and other documents. Ensure that not only are your records are in good order, but also that you have not recorded the names or other contact details of any confidential sources whose identities you have agreed to protect.
• Check and double-chech spelling of names, and that dates, times, numbers, ages and titles are correct.