Libel - Training resource
Aim:
This material is aimed at experienced community media trainers. The workshop will deal with the essentials for understanding Irish libel law, and will look at examples from Irish media, and finally what defences there are against libel.
Experienced producers and presenters who are non-trainers will also find the information accessible and useful, especially the material broken into FAQs.
The Activity
Start the activities by asking participants what they understand by libel. The presentation is delivered in the form of questions, and trainees should be asked to build their answers together and gradually.
As per the slide show, first pose the question, and after the discussion on the answer, show the answer. Give them some examples. For each slide there is a possible example. Eg. how someone can be identified even though their name is not provided by media?
One approach is to present the Panti bliss case and divide the group in trios, and ask them to discuss whether they would consider this statement is libellous or not and why. Give them 5 minutes to do so, and then ask one person per group to present their groups conclusions to the others.
Tip for Trainers:
People can imagine that Law is dull, so it is important to make this as participation as possible. Ask ‘experts trainees’ to hold onto their opinions until the end, and get novices to make suggestions.
Get people to think about themselves and what they would like to hear about themselves on the radio. Use the example the trainer is a ‘drug dealer’. Ask the trainees how would they prove this?
Ask people to think about what ‘proving’ means? Again get them to build an answer gradually. (In reality ‘proving ‘ in this sense, usually means a court conviction)
Mention well known cases, eg Panti and Homophobia here, and let people discuss their own opinions on this, before bringing it back to the learning, and the law.
There are a few samples below, which you can use, but you can find lots more.
Materials
Power point presentation
Some of these are famous cases, and you can usually mention develop the argument around each sample question from the FAQs and presentation. See samples below.
Use well known examples that people will be familiar with to get them to think. Usually once you mention them people will have an opinion about them. Panty, Liam Lawlor, Dennis O’Brien, etc.
It is much better to have recent or local material, or material relevant to your trainees, eg Youth group, or Immigrant group.
Sample 1
The Dennis O’Brien and Haiti one is good for providing proof, for what is honest opinion, and what does public interest mean.
“It found the words in the article did represent the honest opinion of the defendants but did not find this opinion was based on allegations of fact proved to be true or that they may have been known, or might reasonably be expected to have been known, by readers of the article.The jury also found that the opinion expressed was not a matter of public interest.” Tim Healy, February 14 2013 8:55 PM
Sample 2
The Liam Lawlor case with the woman in the car crash in Moscow. This is good for having reliable proof and for ‘repeated libel’, or reading out what is in newspapers. (Newspapers who repeated the libel were also sued)
“Julia Kushnir (31), a Prague-based interpreter, has received “substantial damages” from the ‘Sunday World’, the ‘Sunday Tribune’ and the ‘Sunday Independent’, the High Court heard yesterday, over articles claiming she was a prostitute travelling in the car with the former TD.” Tim Healy, November 7 2007 12:00 AM
https://www.independent.ie/irish-news/interpreter-in-lawlor-case-settles-libel-actions-26330164.html
Sample 3
Panti on RTE Saturday night show is a good example of providing proof. And also of what can be deemed as inuring a person’s reputation. It is also an example that even when you lose, the fame or infamy can do you no harm at all. (see below on Panti bar profits!) In this case RTE paid, it didn’t go to court. It is often the case that libel doesn’t go to court. There is lots of commentary on line on this.
FAQ’s
What is Libel?
Under Irish law: libel is, the publication, by any means, of a defamatory statement concerning a person to one or more than one person” A Defamatory statement is one: “that tends to injure a person’s reputation in the eyes of reasonable members of society.”
If a person is not named but is referred to, can that person sue for libel?
Yes, if one can identify the person referred to, then they can sue.
What are defences against Libel?
Being able to proving that what you say is true. Real proof, like court documents, not hearsay like ‘everyone’ knows.
There are also some other areas; Dáil privilege, Honest opinion, Fair comment, Innocent publication (add a little more here, eg what is dail privilege?)
Is Libel a question of truth or falsity?
No! It is a question of proving truth.
If you report something which has been printed in a published article can you be sued for libel?
Yes. If it was libellous in the published article, then yes, repeated libel is no defence.
What is Dáil privilege?
TDs and Senators can say things in the Dáil that may not be said outside the houses of the Oireachtas. They cannot be sued for libel for this.
What is Fair comment?
If a person is has been convicted of a crime, then is it fair comment to state something about the type of person who would commit such a crime. This is where the word ‘scumbag’ is often used by tabloids.
If a statement is true and you can prove it are you safe?
Yes, of course but you may have to think of context, public interest and invasion of privacy.
If a phone-in caller makes a libellous statement can you be sued for libel?
Yes. Just like letters to a newspaper, you are responsible.
What is Honest Opinion?
This is a tricky area, and reviews would fall under this. Items that would be in the ‘public interest’ also fall under this.
What is Innocent Publication?
This is if something is published by accident, such as something that was in the background when recording.
