Defamation Law As An Ethical Issue In The Media

867 Words2 Pages

“Defamation law is an ethical issue as much as it is a legal issue”

In the media, defaming is taken quite seriously, if an individual is caught in the act. There have been a number of cases where a media individual has defamed someone, for example, Kyle Sandilands’s on air rants – one case where he stated that, Magda Szubanski should be in a concentration camp because she is overweight. Defamation can be defined as the act of damaging the good reputation of an individual ei – slander (Law Hand Book, 2015). This essay will outline whether defamation law is an ethical issue as much as it is a legal issue. Firstly outlining what defamation means for the media industry in Australia, Secondly outlining defamation cases in the media, and then lastly concluding the statement. …show more content…

Individuals believe that they have been defamed if someone says a negative comment about their character. Each defamation case is based on facts, if the offender says something that is accurate about the person, it would not be held up in court; as the alleged defamation is true. If an individual believes they have been defamed there are certain steps they can do to prevent the case going to court. According to Law Stuff (2016), you can ask a person to take the defamatory statement down, if the information is published online; you can report the defamation incident to social media and ask them to take it down (Facebook, Twitter etc). A more serious option is to sue the individual who is responsible for defaming you, to sue the offender it has to be within one year of when they published the alleged defamation. To sue someone with a defamation case, the costs rise depending how long the case is. Most lawyers do a ‘no win no fee’, which helps the victim with minimal funds for the

Show More
Related

  • Henry's Publick House Case Study

    603 Words  | 2 Pages

    Over recent years high profile cases have brought to the forefront, questions of ethics in journalism. The purpose of this thesis will be to investigate the significance and context of a past case in which a journalist and news organization engaged in questionable operations to report the news. The issue being discussed is the considerable attention gained by the local media for the negative role they played in the Sept 27th 1990 “Henry's Publick House” incident. This thesis will address ethical questions within journalism from the viewpoint of the news organization of this case study and their breach in ethics.

    Read More

  • Defamation In The Gail Davis V. Diana Ross Case

    710 Words  | 2 Pages

    Defamation is a tort action that has been widely recognized, nonetheless, it has only been within recent years, that the concept has been increasingly utilized in the employment context (Mcconnell, 2000, p. 78) . However, it is useful to first lay out the elements of the defamation tort as they occur in the employment setting. First, there must be a false, and defamatory statement. A statement is defamatory if it harms the employee's reputation or discourages others; such as potential employers, from wanting to have any contact with the employee. Second, the statement, be it written or oral, must be "published," that is, transmitted to a third party. Next, the defendant/employer must be responsible for the publication of the false and defamatory statement. Last, defamation damage to the plaintiff must occur; caused either by the statement itself, or by its actionable

    Read More

  • Media Coverage of the Duke Lacrosse Scandal

    1761 Words  | 4 Pages

    The 2006 Duke Lacrosse Case brought to light many of the issues and divisions currently plaguing our media sphere. This terrible act of injustice, which blamed three innocent Duke lacrosse players, Reade Seligmann, Collin Finnerty, and David Evans, for the rape of an African-American stripper, garnered extensive media attention that gripped America for almost an entire year (Wasserman, 3). Today, many scrutinze the media’s methods of covering the case, and deem that certain codes of ethics were not adhered to. Rather than remaining neutral, newspapers and TV outlets allowed themselves to “be used” by Mike Nifong, the former District Attorney for Durham and prosecutor of the case, by reporting only his version of the incident and investigation (11). While some newspapers like Newsweek and The News & Observer were relatively quick to recognize flaws in the investigation, many prominent outlets like The New York Times overlooked important evidence and published inaccurate information. In response to this, the Duke Lacrosse Case saw a huge rise in blog reporting, as many sought to uncover the truth. Conclusively, the media overstepped its boundaries when reporting on this particular case, demonstrating the compelling effects sensationalism has on the field of journalism.

    Read More

  • Violence in the Media

    1064 Words  | 3 Pages

    Gina Marchetti, in her essay "Action-Adventure as Ideology," argues that action- adventure films implicitly convey complex cultural messages regarding American values and the "white American status quo." She continues to say that all action-adventure movies have the same basic structure, including plot, theme, characterization, and iconography. As ideology, this film genre tacitly expresses social norms, values, and morals of its time. Marchetti's essay, written in 1989, applies to films such as Raiders of the Lost Ark and Rambo: First Blood II. However, action-adventure films today seem to be straying farther away from her generalizations about structure, reflecting new and different cultural norms in America. This changing ideology is depicted best in Oliver Stone's Natural Born Killers (1994), which defies nearly every concept Marchetti proposes about action-adventure films; and it sets the stage for a whole new viewpoint of action in the '90's.

    Read More

  • Lange Picture Paper

    725 Words  | 2 Pages

    ...her and the more modern case of Brian Walski demonstrates the importance of ethics in the mass media. With the public dependent on photographers for images that will give an accurate and true representation of the facts, in some cases even leading to such important decisions as giving relief aid, waging war, or determining votes in an election, it is vitally important that journalistic images be true and unaltered likenesses of real persons and events. Even apparently innocent misrepresentations, designed to create a better image or better prove a point, can have serious consequences for the photographer, the subjects of the image, and the public. It is a reminder of the importance of honesty in all professions.

    Read More

  • The Media: Is It Really all the Truth?

    768 Words  | 2 Pages

    Malcolm X once said “The media's the most powerful entity on earth. They have the power to make the innocent guilty and to make the guilty innocent, and that's power. Because they control the minds of the masses.” In 1990, fifty-nine year old Delbert Ward was accused of killing his brother Bill Ward. Delbert was one of four brothers who lived on the family’s land operating a small farm producing milk from cows. During and after Delbert’s trial, loads of media preyed upon the ill-educated man and the village like vultures. Given his impoverished surroundings and his appearance, the media depicted Delbert as a salvage who killed his brother on the same bed that they shared for years. The documentary “Brother’s Keeper” investigated the truth behind the death of Bill Ward. It presents the argument that media manipulates public opinion. Media does manipulate public opinion using many techniques to influence the minds of the mass. The media’s effectiveness, level of bias present, and types of the media source used to portray information to determine how media influence public opinion, as well as address the opposing view to the argument.

    Read More

  • Censorship in the Media

    1130 Words  | 3 Pages

    “Once a government is committed to the principle of silencing the voice of opposition, it has only one way to go, and that is down the path of increasingly repressive measures, until it becomes a source of terror to all its citizens and creates a country where everyone lives in fear." -- Harry S Truman

    Read More

  • Law Provisions for Journalists Facing Defamation Cases

    1515 Words  | 4 Pages

    In conclusion, it is usually clear what is and what isn't defamatory. but in cases where the journalist slips up there are defences. available. The sand is a sand. This means that journalists get away with a lot more than they would without the defence.

    Read More

  • Celebrification In The Media Essay

    2718 Words  | 6 Pages

    ...phere as the “sphere of private people who join together to form a ‘public’” and through the celebrification of politicians, the public sphere has been widened. We live in a world where anyone in the news, a politician, a footballer, a reality TV star, is a celebrity. Although we do not need to know the behind-the-scenes of each of their lives, it is of interest to the public and stories that are interesting to the public, sell the most newspapers. But because people buy newspapers because of celebrity gossip etc, the public sphere widens as a result. This stark fact was candidly recognised by Rupert Murdoch and as the head of News International, he described his company as being “in the entertainment business” (Shawcross, 1992: 261) and for this reason, the celeberification of politicians will neither cease, nor damage democratical debate within the public sphere.

    Read More

  • Analysis of The Defamation Act 2013

    1363 Words  | 3 Pages

    The Defamation Act 2013 was passed to help regulation on defamation to deliver more effective protection for freedom of speech, while at the same time ensuring that people who have been defamed are able to protect their reputation. It is often difficult to know which personal remarks are proper and which run afoul of defamation law. Defamation is a broad word that covers every publication that damages someone's character. The basic essentials of a cause of act for defamation are: A untruthful and offensive statement regarding another; The unprivileged publication of the statement to a third party; If the offensive situation is of public concern, fault amounting at least to carelessness on the share of the publisher; and Injury to the plaintiff. Slander and libel are both kinds of defamation, which refers to statements that hurt another person's name. While there are connections, each concentrate on different forms of defamation approaches. Normally, this will include not only the use of certain words to harm a reputation, but also activities such as finger signals or facial expressions in order to emphasize the fabrication that is being dispersed. If the statement is made in writing and published, the defamation is called "libel." Libel deals with printed matter, TV and radio broadcasts, movies and videotapes, social media sites, even blogs, emails, even drawings on a wall. An unpleasant statement is verbal; the statement is "slander." Slander explains defamation that you can overhear, not see. It is commonly spoken statements that distort someone's reputation. The government can't jail someone for making a defamatory statement since it does not break the law. Instead, defamation is considered to be an infringement of a person's ...

    Read More

  • William James Sidis's Privacy And Freedom

    1095 Words  | 3 Pages

    New York Times v. Sullivan (1964) changed the nature of libel suits by establishing that public figures must prove “‘actual malice’” to recover on a liability claim (Ibid 368) (Epstein and Walker 509). Curtis Publishing Co. v. Butts (1967) applied this standard to all public figures. In Gertz v. Robert Welch, Inc. (1974), Justice Powell held that private individuals were afforded more protection, noting that private citizens have less access to media channels and thus less ability to rebut defamatory articles published about them (Duhart 374). However, public figures, he contends, are much like public officials in that they “‘must accept certain necessary consequences of that involvement in public affairs’” (Ibid). Furthermore, decisions that cite Sidis, such as Friedan v. Friedan (1976), continue to ignore the passing of time as a means of abating one’s status as a public figure (Ibid). Friedan had been out of the public eye for “only” sixteen years; Sidis had sought seclusion for nearly thirty. “Thirty years ' retirement from public life should end the general public 's interest in the plaintiff14” yet evidently it does not always do so (Digital Repository at Maurer Law 420). Unfortunately, it is still true that “the passage of time usually has little or no effect on public figure status.” (Duhart

    Read More

  • Stereotyping is an Ethical Problem in Media

    932 Words  | 2 Pages

    Stereotyping has to be one of the main ethical problems in media. Both advertising and entertainment media make substantial use of stereotypes. Stereotypes in most cases negatively affect people's perceptions of themselves or promote socially unwanted behavior. The stereotypical affluence of ethnic groups is one of the main examples of major area of debate especially on African Americans in the United States. One stereotype is that, Black people Abuse the Welfare System. According to Blackenterprise.com “On September 11, 2011, a non-black woman named Amanda Clayton won $1 million in the Michigan State Lottery. Before receiving her winnings, the 24-year-old mother of two brought in $200 per month in food stamps. After receiving her seven-figure-check, Amanda continued to receive her monthly food stamps because she remained unemployed.” Because she wasn’t black the media chose not to partake into advertising it as much as they would have if it was an African American woman, but because she was white the media looked upon her and the situation as it being a recession and she needed government assistance.

    Read More

  • Responsibilities of the Media

    1576 Words  | 4 Pages

    The primary role of media delivering the news to the public is to gather and report news

    Read More

  • The Future of Responsible Journalism

    1146 Words  | 3 Pages

    In trying to attract new audiences, news media have begun to transition from reporting to becoming a form of entertainment. With the meteoric rise of social media’s role as a news source, the fight for an increase of diversity in the media, and the ever-growing desire of immediate content, the future of responsible journalism is more important than ever. Ask yourself, why do I think the way I do? Where do my political views originate? How do I prove them? Most likely, it is due to the biased portrayal of issues in the media and the politicization that accompanies what we consume. Now, compare your views to your preferred news reporting entity. More than likely, they are the same.

    Read More

  • Media Should Respect Privacy of Public Figures

    1370 Words  | 3 Pages

    How much privacy of the individual is protected under the United States Constitution? Every one is entitled to the right of privacy, but to what extent is that privacy granted? Public figures are constantly being harassed and photographed by the media. Some photographers and reporters will go to any means, even illegal actions, to get a picture or story. However, public figures are human beings like everyone else, and the media should give them more privacy. The media needs to operate with more respect for both laws and for moral and ethical codes of conduct. There are laws establishing the privacy of an individual, and the media needs to extend these rights to public figures.

    Read More

More about Defamation Law As An Ethical Issue In The Media

Open Document