Libel and Liability

Yesterday we had a briefing from one of our solicitors who specialised in libel, especially on web sites. He was with Thompson's Solicitors, our Union's legal services providers, but had previously worked at Carter Ruck the most notorious of libel lawyers (Any Private Eye readers will recognise that name, and their nickname!). The reason for the briefing was that many Union branches have web sites (as does mine) and there is always potential for being sued, especially when we criticise employers, the BNP etc. For me the advice was just as useful for this here blog. The following is what I learnt from the session.

Libel Law in this country is more weighted in favour of the litigator, than for instance in the USA. The Press also have more protection in law. The law sees libel as "Inherently Risky"

The Claimant only has to prove the following.

• Defamatory- That they have been defamed. This is not defined in law but the test used is . "That it has lowered the reputation of the claimant in right thinking minds"
  
• Identifies - That the libel identifies the claimant. This does not have to be by name. A company can also be seen as a person in law.
  
• Published - This includes web sites, forums and even chat rooms. This of course includes comments on a blog.

The Claimant can sue any or all of the Author, Editor and Publisher of the libel. This effectively means anyone who runs the website, even if they did not write the libel. So if a comment was libelous and you allowed it to appear on your blog then you could be sued as the publisher or editor.

Defences to a libel.

• Justification - Or truth. In UK law the defendant has to prove the truth of the alleged libel. In the US the burden of proof is on the Claimant to prove he libel is not true.
  
• Fair Comment - That it was opinion, based on facts, in good faith and in the Public Interest.
  
• Privilege - Relates to the occasion of the alleged libel. It is based on a duty/interest test. For instance the press use this in that that have a duty to publish and a reader has an interest in the article. This is called the Reynolds privilege and give the press protection that we do not have. Technically if I copied an article from a newspaper web site that was libelous, I could be sued whereas they had a defence.
  
• Statute of Limitation - A libel has to be brought within a year of the date of publication. For a website this date is from the last day before the article was removed.

Damages and Costs

The damages in libel cases are relatively small, ranging usually from £5,000-£50,000. The damages are decided upon by the Jury.

The Costs however completely overshadow the damages and have been known to be in the millions of pounds. If the Claimant had no real assets and was on a no win no fee basis then even if you won you could still be saddled with huge costs.

Anyhow all that seems a bit scary, so from now on I am going to be nice about everyone, all the time for ever (except for my brother Bill, because whatever I say is definitely Fair Comment!) Then again that would be a bit boring so what the heck I will Publish and be Dammed, just be careful on them there Comments.