Some notes on defences availale to journalists

Absoulte Privilege:

Absolute privilege applies to places and occasions such as court proceedings and the House of Commons. It means that there is an allowance of complete freedom of speech even if the words spoken or written are classed as malicious. This would not be regarded as defamation. So people such as politicians could say whatever they please within the House of Commons without the fear of being sued for defamation.


Journalists, however, are not entitled to absolute privilege accept for when they are reporting court cases and only then does this apply if their report is:


“...a fair and accurate report of judicial proceedings held in public within the United Kingdom, published contemporaneously.”


-Banks, D, Hanna, M: McNae’s Essential Law for Journalists (20th edition) Oxford, Oxford University Press


This law is essential to journalists as what is said in court is usually highly defamatory. Without it, court reporting would be impossible.


Qualified Privilege:


Other than when reporting the proceedings of a court case journalists are only entitled to qualified privilege and this includes the reporting of parliamentary debates and proceedings. It is similar to absolute privilege however there must be no malicious motive and it must be of public interest/concern.


Other notes:

- A dead person cannot be libelled.

- A libel case cannot be called by anyone other than the person who has been libelled. It is a personal action.


Fair Comment:


This is another defence that is available to journalists which protects published opinion. That is anything that isn’t put forward as fact.

According to McNae’s this means that:

- The published comment should truthfully be the opinion of the person making it

- The comment should clearly be presented as opinion to avoid the confusion over readers thinking it is fact

- The comment must be based on provably true facts/privileged matter

- It must be of public interest

Microsoft's form of a tupperware party...

I have to say that I’m not a computer whizz nor am I a technology geek so this entire debate over Mac’s and Windows is somewhat beyond me.

However the lure towards buying a Mac is becoming ever stronger after watching the recent publicity attempt from Microsoft for their brand new operating system– Windows 7.

If you have yet to see it then watch it now!



Is that not the creepiest thing? It’s all so smiley and corny and nauseating- particularly the camera movements. Also note the annoying blonde woman whose favourite word is “right?”

Can you seriously imagine hosting one of these? Inviting your friends around, cracking open the wine and then gathering everyone around the computer to all learn about the magical and intricate wonders of Windows 7?

Well to encourage people to begin hosting these parties Microsoft are offering the host their own limited Signature Edition of Windows 7 Ultimate, signed by Steve Ballmer the chief executive officer of Microsoft. They also provide you with a party pack that contains Windows 7 branded tote bags, playing cards, napkins and a puzzle.

Convincing?

Unfortunately the packs are no longer available for the meanwhile so you’ll just have to attend someone else’s party.

However don't be suprised if you're the only one there!

Mr Ricky Gervais- New Hero of Comedy

I have just watched a re-run of the fantastic homage to Ricky Gervais that is 'Ricky Gervais- New Hero of Comedy'. If one didn't consider the man to be a comedy genius before you certainly would after watching this.

It's cleverly crafted to take a look at the time line of Gervais' career with specific sound bites and clips of his funniest moments in his live stand-up as well as his radio and television shows. To add more comedy and also a somewhat humbling feel to the programme there are some very insightful interviews with some of Gervais’ closest colleagues and friends such as Steven Merchant, Karl Pilkington, David Baddiel and Ashley Jenson.

“He’s a total original. They’re very rare these total originals and they should be celebrated with flags in the street”
- Billy Connelly, ‘Ricky Gervais: New Comedy Hero (2008)

Gervais is often admired for his observant nature and his bravery to mess around with the issue of political correctness. We live in such a time where there is a lot of confusion over what is allowed to be said and what isn’t that it’s amusing to see someone cross the line and just basically take the piss.

“Some people say oh you can’t have a go at dwarfs. You can have a go at them really. Fundamentalist terrorists I’d stay away- dwarfs; what are they going to do?”
-Ricky Gervais, Fame (2007)

His intelligent and observant nature has enabled the man to create brilliant comedies such as ‘The Office’ and ‘Extras’ in which he has perfected the art of creating embarrassing moments and making his audience cringe!

Check out this video- it features some of the best bits of 'The Office':




Yet another classic example of cringey scenes this time from 'Extras':



“Ricky’s performance in it is one of the greatest performances we’ll ever see on British television....David Brent is Ricky Gervais as he would be without self-awareness.”
-David Baddiel, Ricky Gervais: New Comedy Hero (2008)

Along with the cringing and the laughing Gervais also appeals to our emotional side and encourages the audience to feel pity and sorrow for some of the characters without making it cheesy which really adds a sense of originality to it all.

Of course at this point I have to say that Stephen Merchant should not be left in the shadows. ‘The Office’ and ‘Extras’ would not have been the same without the addition of his wit and astuteness.

I could rant on about Ricky Gervais and his brilliance all day long, however I don't have to because this programme says it all. It's well worth a watch!!