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Presentation by David Banks to Durham University 23/2/11
LAW AND SOCIAL MEDIA
Journalist since 1988 Media law consultant to most national and
regional newspapers, the BBC, charities and police forces
Co-author McNae’s Essential Law for Journalists
Adviser to Ministry of Justice on libel and opening the family courts
Introduction
Why Worry?After all academics don’t sue do they?
Well, that’s just thinking out loud
Just a joke Right?
Unless you joke about Robin Hood
Airport
And Twitter?
Not according to the Press Complaints Commission
Meet Sarah Baskerville, civil servant and victim of the Daily Mail
Twitter is private too, right?
If all you do is link, are you ok?
Depends how much you mess about with the link
Meet Johanne Kaschke
Blogging and linking
Courtney Love
Twitter Libel
Libel
Contempt
Copyright
Privacy
A guide to legal pitfalls…and how to avoid them
Libel is a tort, a civil wrong You are sued for damages, in the High Court It is very expensive Damages can reach £250,000 Costs can top £1m Most people settle rather than face such a
bill The ‘chilling effect’
Libel
Publish something which damages reputation
Even if you only repeat someone else Everyone who repeats is liable for the libel No defence to say someone else said it No defence to say everyone believes it Court assumes claimant has good character Court assumes all libels are untrue You have to raise a defence
How do you commit a libel
Exposes to hatred ridicule or contempt Causes to be shunned or avoided Lowers in the estimation of right-thinking
people Disparages in trade, office or profession
Libel - the definitions
Truth, but you have to prove it
Absolute Privilege, for court reports
Qualified Privilege, for official matters, documents, debate required to be in public
Fair comment, for expressions of opinion
Innocent dissemination, for hosting
Defences
Claimant must show defamation, identification and publication
Case must be brought within one year
Claimant must be alive
Limitations
Preserves judicial process
Don’t comment on ongoing proceedings where there is a jury – save your expertise for after the verdict
Unlimited fines for breach
Contempt
Applies to any material produced with skill, work and originality
Copyright is automatic and doesn’t need to be claimed with a ©
Copyright lasts 70 years from year of the author’s death
Copyright
For reporting current affairs
For review or criticism
For research or private study
Must be properly accredited where practicable
Fair Dealing defence
Licences to Facebook, Twitter etc.
You retain copyright in pics and words
It is not ‘public domain’ or creative commons
But it’s more likely to be copied
Copyright
New areas of law after Human Rights Act
Courts use Confidentiality and Data Protection to give effect to privacy rights
Don’t reveal material given in confidence
Matters the courts protect
Privacy, Confidentiality and Data Protection
Contact details
@Dbanksy
http://davidbanks.blogspot.com/
Questions?
