Page 345 - Law and the Media

Law and the Media
or falsity. In that case, the New York Times published an advertisement by a civil rights group
that alleged that the plaintiff, the Commissioner for Public Affairs in a city in Alabama, had
assisted in the expulsion and harassment of black students and the wrongful arrest of Dr
Martin Luther King. The plaintiff sued the New York Times over the allegations. Many of the
allegations turned out to be false. At trial, the jury found in favour of the plaintiff. However,
the United States Supreme Court reversed the decision. The court held that the First
Amendment of the Constitution allowed the harsh criticism of public officials, even if the
criticisms were proved to be false. The court held that in such circumstances it was necessary
for the plaintiff to show ‘actual malice’ on the part of the publisher.

21.2.2 Libel and slander

Like the English law, defamatory language is placed into two categories. Libel is the written
or printed form of defamatory language. Most courts include scripted television and radio
programmes and electronic media within the category of libel. Slander is spoken defamation.
Some courts class ad-libbed television and radio programmes as slander. The distinction is
relevant only as to proof of damages.

21.2.3 Defences

Consent
A defendant may raise the complete defence of consent to all allegations of defamation.

Truth
In common law cases the defendant may raise truth, which is the equivalent of justification
in English law, as a complete defence.

Absolute privilege
Absolute privilege may protect a defendant who reports a defamatory statement made during
judicial proceedings, by legislators during debate, by government officials exercising the
functions of their office or in a ‘compelled broadcast’. A ‘compelled broadcast’ is one in
which a radio or television station must allow the speaker airtime or a newspaper must print
a public notice. This usually involves presidential or political candidates during elections.

Qualified privilege
Qualified privilege can be invoked in respect of reports of official or public proceedings or
meetings. However, it can be lost if the plaintiff can prove malice on the part of the
defendant. Although it provides a defence in relation to accurate reports of false statements,
it does not provide a defence for inaccurate reports.
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