5A Defamation : Proof
Success in any libel action depends on having the evidence to prove the allegations that have been made. Evidence can take many forms but the rules of evidence are complicated. What may seem to be strong cogent evidence of a particular fact may be inadmissible when it comes to the court case. The fact that the story may have been written elsewhere e.g. in other press articles, may suggest that it is true, particularly if no legal action has been taken over those articles. However, press articles are not admissible evidence in court of the truth of what has been printed. In addition, be very careful about relying on information found on the internet.
Since we may well have to prove the truth of allegations being made in programmes at some later date, it is essential that all evidence e.g. statements from witnesses, documents, journalists' notebooks, contemporaneous notes of phone calls are retained. Note also that, as a matter of good practice, since material such as rushes, notebooks etc. may need to be disclosed, any pejorative comments or comments which could be open to a hostile interpretation, even where that is not the intention - should be avoided. If a case goes to court, programme-makers may well be cross-examined on what they have written in their notebooks or said while the camera is running.