5A Defamation : Practical Considerations
Programme-makers, when considering whether or not a potentially defamatory statement or sequence can remain in a programme, should have regard to the following:
- the nature and seriousness of the allegations/criticism. Obviously, the more serious the allegation, the more stringent proof is likely to be required;
- what steps have been taken to verify that the allegations/criticism are justified and what evidence there is to prove the truth of the allegations/criticism;
- who the subject of the allegations is and whether he/she/it would be likely to object to the remark, or be likely to sue;
- whether the subject of the allegations/criticism has been told the allegations and given an appropriate opportunity to respond and whether their side of the story has been fairly included within the programme. If not, why not?;
- whether the allegations/criticism have been published before. If so, where have they been published and with what consequences, if any? For example, perhaps the story is old news, has been in the newspapers before or perhaps the subject has even admitted the allegation.
Finally, always remember that libel proceedings are extremely costly to fight and since, in most cases, a jury will decide liability and damages, can be unpredictable. All potentially defamatory statements must be checked for accuracy very carefully. Legal advice should be sought at the earliest opportunity.