Defamation

Question 1

Q: A media organisation is being sued for defamation by a reality TV star over claims she was seen taking drugs in a nightclub. They are using the truth defence to defend their story.
(a) What must a media organisation relying on the truth defence prove about the allegations it is being sued over? Your answer should include the legal standard of proof used in defamation cases.

Answer 1

They must prove that it is substantially true on the balance of probabilities. There is clear and substantiated evidence, the event did take place, it is not a matter of opinion but of fact.

Question 2

(b) Give two examples of proof that the media organisation could rely on in court for the reality TV star Drug story

Answer 2

Would need Signed statements from witnesses as evidence
Photo / video evidence

Question 3

(c) Even if a journalist has a strong defence why might a publisher choose to settle rather than defend the case in court? Give two reasons.

Answer 3

May choose to settle due to
· availability / willingness of witnesses
· Credibility of witnesses
· Likelihood of higher damages if they lose
· Higher legal costs if they go to court
· Likelihood of paying claimant’s costs if they lose

Question 4

(d) How long does a claimant have to launch a defamation case after it is published?

Answer 4

• 1 year