Libel laws explained
James Sturcke
guardian.co.uk,
Thursday August 31 2006 Article history · Contact us British libel laws were already complicated enough before the internet came along. Their aim is to balance the right of free speech against protection for the reputation of an individual from unjustified attack.
In law, a person is defamed if statements in a publication expose him to hatred or ridicule, cause him to be shunned, lower him in the estimation in the minds of "right-thinking" members of society or disparage him in his work.
Juries are told that the measuring stick of a libel being committed is whether any of this would affect how a "reasonable man" views the complainant.
There are defences in law for libel. The publisher could prove the statement to be true, it could be fair comment - so long as the opinion is based on true facts, is genuinely held and not influenced by malice - or it could be protected by privilege (reporting of comments made in parliament, courts and other official arenas are, generally speaking, protected from libel actions).
Since the 1998 Reynolds claim against Times Newspapers, it has become accepted that material published in the public interest is a further defence in libel proceedings.
The problem for anyone preparing to publish information which may be defamatory, is that the laws are very much open to interpretation. Different juries will have different views on what exactly influences a right-thinking man.
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http://www.guardian.co.uk/technology/2006/aug/31/news.politicsandthemedia