Page 52 - Law and the Media

Defamation
Table 1.1 Rehabilitation periods applicable to the commonest forms of sentence passed by the
criminal courts

Sentence Rehabilitation period

A sentence of imprisonment for a term exceeding 10 years
6 months but not exceeding 30 months
A sentence of imprisonment not exceeding 6 months 7 years
(In each of the above cases the period is cut by half if
the offender is under 17 years old)
A sentence of borstal training 7 years
An order for detention in a detention centre 3 years
A conditional discharge, bind-over or probation order Either 12 months from conviction or upon the
expiry of the discharge, bind-over or probation
period, whichever is the longer
An absolute discharge 6 months
Any disqualification, disability or prohibition To the date upon which the disqualification,
disability or prohibition ceases to have effect
Sentences of imprisonment for life or for more than 30 months are never spent.

The Rehabilitation of Offenders Act provides that convictions may become ‘spent’ after a
period of rehabilitation. The length of these periods depends upon the sentence passed on
conviction. Once they have elapsed, the criminal becomes a ‘rehabilitated person’. This
means that the person must be treated as if he has never been charged, convicted or sentenced
for a crime.

While the media are still free, provided they are not motivated by malice, to publish spent
convictions, by and large they tend to honour the spirit of the Rehabilitation of Offenders
Act. In practice, writers and broadcasters are conscious of the provisions of this Act and
avoid publicizing the long-past convictions of rehabilitated persons.

1.3.2 Fair comment

Fair comment allows a person to publish a statement of opinion or comment on a matter of
public interest provided it is done without malice. It protects the freedom to voice an honest
opinion.

In order to raise the defence of fair comment:

The comment must be on a matter of public interest
The comment must be recognizable as comment
The comment must be based upon facts that are true or privileged
The comment must be fair as judged objectively, and
The person making the comment must not be motivated by malice.
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