The Rules & Regulations
By: Lucy Scotchmer
Tags: Law, Defamation Law, Journalism, Defamation

The Rules & Regulations

Image by Matthew Henry from Burst

According to the Human Rights Act of 1998 under Article 10 ‘everyone has the right to freedom of expression’ in the UK. Don’t let this this law fool you into thinking there are no limitations or boundaries to the content that can be featured in journalists’ articles, there are plenty. Let me talk you through one of the main legal aspects that is commonly faced within this profession, defamation.

What is Defamation Law(2013)?

Defamation itself is a publicised statement to a third party about either an individual or organisation etc. which doesn’t hold any truth. When these statements are published, they damage the subject’s reputation which ultimately results in not only a tarnished public opinion but also harm to the individuals emotional and financial well-being. There are two different ways that a defamatory statement can be made: libel and slander.

Libel is a permanent defamatory statement that is expressed in either a written or visual format through the means of newspapers or online platforms etc.

Slander is a temporary defamatory statement that is expressed orally.

Ultimately, a libel defamatory statement is often seen to be challenged during a court case as it is easier for the victim to gather and present the visual evidence that contains the false statements than it would be to sue an individual for slander.

An Example of a Libel Defamation Case:

Headline by Owen Bowcott & Holly Watt for The Guardian

An example of a libel case can be seen when Slovene-American, businesswoman and former first lady of The United States, Melania Trump, sued the British tabloid newspaper The Daily Mail after they published an article that contained false claims about her previous modelling career. The article in question was posted on the 20th August 2016 with the headline ‘Racy Photos, and Troubling Questions About His Wife’s Past That Could Derail Trump’ which presented the allegation that Mrs Trump had previously worked as a female escort.Also, take note of the fact that the headline doesn’t address Melania by her name, the way in which she is described is through the term ‘His Wife’ which screams to me the Mail view Melania as inferior. What are your thoughts on this?

Shortly after this article had been published and circulated in both print and online platforms Melania filed for two libel lawsuits against the Mail both in the New York State Commercial Court and in The High Court in the UK. To which the Daily Mail soon responded with by revoking and replacing the original article with a public apology and a settlement of $3m to Melania Trump as a result of their misleading statements. This case was followed closely by publications and broadcasting platforms such as The Guardian, The New York Times and BBC.

Headline by The Daily Mail

Personally, I don’t believe that no amount of money can detract from the fact that utter lies were confidently published about Melania Trump and spread among readers worldwide. It leads me to question did the Mail post this article with the assumption that they wouldn’t receive any backlash from this because Melania is a woman and wouldn’t fight back? Do let me know your thoughts over on my Instagram, Twitter and Facebook.