Forum Archive Index - June 2000

[frank fernandez <frank.fernandez@xtra.co.nz>]

Pending Ben getting the legal position on comments posted on Sharechat,
I would like to comment, as a journalist by profession, on the law
relating to defamation which all journalists have to be aware of.
Defamation is defined as the publication of a statement which adversely
affects the reputation of a person or a company.
Defamation can be accidental and can be caused simply by innuendo. In
fact, simply repeating defamatory statements made by others
unfortunately means that the person repeating the statements can also be
liable.
If a defamatory statement is made that will affect a company or person
financially, they may be able to sue even if the facts are true but
presented in a way that leaves the wrong impression.
Some of the legal defences to defamation include the following:
1. Truth - which is a complete defence to defamation i.e. if the
published statement is true or not substantially different from the
truth, the person making the statement will escape liability. 
2.'Fair Comment' is also a defence if the statements complained of are
an expression of honest opinion on a matter of public interest and based
on accurate facts but
(a)The opinion must be clearly stated as opinion
(b)You must genuinely hold that opinion (extreme comment is not likely
to be considered genuine in a court of law).
A news medium can rely on a defence of honest opinion in relation to the
opinion of others but there must be no reason to believe that the
contributed opinion is not genuine.
Putting aside the disclaimer on Sharechat with regard to the opinion of
contributors being theirs and not those of the proprietors of the
website, it will be extremely interesting to hear legal opinion on the
matter.
The legal issue here is one of whether the comments expressed on
Sharechat, a 'chat' site, can be used successfully to sue the first and
second parties in a defamation suit bearing in mind the possible
defences listed above. 
Looking forward to that legal opinion Ben! 

Frank Fernandez

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