Libel & The PCC

What is the difference between defamation, slander and libel?

Libel and Slander are two types of defamatory action. Slander is the spoken format of

Libel, which is written defamation. It relates to the incorrect publication of facts,

something that magazines and newspapers are accused of quite frequently.

Why were libel laws first introduced?

They were introduced to help provide greater clarity of what constitutes defamatory

libel action. This helps convey a clearer understanding of what the grounds are for

defence against what may be considered a real libel expression.

Why is it possible to review shows/films/performances and not be sued for libel?

Because Films and other forms of entertainment that proclaim and intend their content to

be fiction don’t claim to be completely true. However, if they based their story on ‘true

stories’, it could leave them open for libel action if they fail to clearly elaborate which

parts they claim are true or over exaggerate negative events.

Why did Dr. Sarah Thornton win her case against the Telegraph?

Reckless and motivated by hatred, she knew she was only writing part truth. Because she

offered Sarah Thornton a real chance to review her article, it doesn’t amount to

defamation action but instead a malicious lie.

The super-injunction protecting Ryan Giggs privacy was broken by John Hemming

MP – why was this allowed?

Injunctions can be broken by certain parliamentary privileges when discussed in the

House of Commons. This doesn’t mean MPs aren’t liable for anything.

Name 3 problems with UK libel law:

- It places a big weight on the appellant.

- The Public interest cannot be used as a case to write or put a messages through

- Fair commenting needs strengthening

Which individual are liable for libel on the magazine?

The PCC & The publisher.

What is the role of the Press Complaints Commission?

To regulate and make sure that publications reduce their risk of defamatory action. They

investigate complaints against the publication and find out whether or not they’re

actually libel.

What do you understand by the terms ‘self-regulatory’?

The PCC are made up of a board that work within the industry. They are essentially

hiding by being self- regulatory, as they regulate themselves, the government can’t

control them.

How is the press different in terms of regulation to TV and broadcast?

The PCC can’t take any action or force against publications, it holds no power. Television

and Broadcast is different as The FCC has capability to fine broadcasters or even revoke

licenses.

Why is the PCC seen as ineffective?

They didn’t react during the events of the News of the World’s phone hacking scandal

suggests that they had an idea of what was going on before it was seen by the public.

This identified them as a weak corporation that can’t take action against the press.

What is set to replace the PCC?

The Independent Press Standards Organisation (AKA The IPSO).