Contempt and Defamation in Journalism

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Essay title: How the laws on contempt and defamation in England and Wales influence modern journalism.

Extraits

[...] Irrespective of this advantageous `fade factor' concept, the quality and depth of articles written by journalists covering court cases, or issues with the potential of appearing in court, can be significantly diminished through fear of being liable of contempt. While some journalists may be willing to pay a fine, or even go to prison, in the name of their profession; the reputational damage of being found liable of contempt can substantially reduce employability, due to publishers wishing to avoid both the expense and humiliation, should the mistake reoccur. [...]

[...] McNae's Essential Law for Journalists (23[rd] Edition). Oxford: Oxford University Press. Rudin, R., & Ibbotson, T. (2002). An Introduction to Journalism: Essential techniques and background knowledge. Oxford: Focal Press. [...]

[...] Nevertheless, in the face of this, most journalists, who are accused of defamation, knowingly continue because of the field of journalism with which they are concerned, namely tabloid journalism. Although a journalist, or publisher, may need to pay `substantial' damages to a claimant following a defamation suit, they may go ahead with the story regardless because the profits from story will outweigh the cost of said damages. In fact, it may be considered that a journalist who has written various defamatory articles, and consequently gained significant publicity, might be more likely to be employed by a tabloid newspaper or magazine than a journalist who has published nothing defamatory and subsequently gained little recognition. [...]

[...] Rudin and Ibbotson (2002, p.302) claim that: "The importance of this case for UK journalism can hardly be overstated". It can therefore be concluded that contempt has a much greater influence upon the work of the journalist due to a lack of defence for strict liability contempt in contrast to defamation. In effect, where most journalists might be deterred from publishing material, for fear of being found in contempt of court, some journalists might be encouraged to publish material, despite the possibility of being found liable of defamation, due to the publicity and profits that might accompany the story. [...]

[...] How the Laws on Contempt and Defamation in England and Wales influence Journalism. Inevitably, journalism in the modern era is being regulated through evermore strict laws and legislation with the penalties growing increasingly severe. Despite such restrictions being undoubtedly necessary to the justice system the danger they place upon the work of the journalist, particularly investigative journalists and court reporters, means they have to walk a fine line in order to avoid being found liable for offences like contempt and defamation. [...]