We’ve all heard the term ‘fake news’ and we know how journalists will create a relatively mundane news story into clickbait. However, it sometimes might surprise you that there are laws that journalists and reporters must adhere to. Too many a time reporters and news outlets have been embroiled in legal disputes regarding their potentially illegal activities. And as history has shown, it can sometimes lead to the downfall of not only a journalist’s career, but a whole news outlet.
Defamation law:
This law considers and allows a third party — ranging from a singular person, or a company or organisation — to challenge and file a lawsuit against the journalist for printing/ reporting untrue statements that are damaging. Whether it be a tarnished reputation, or harmful to their finances or mental health.
Defamation law is separated into two: Libel and Slander
Libel: is a permanent statement conveyed either in written or visual media
Slander: is a temporary statement that is expressed physically/ verbally (usually visual media)
Libellous statements are often the more common of the two to be challenged in court as there is evidence and proof that the victim can gather whereas slander is usually more difficult due to the lack of hard evidence.
Caroline Flack:
The death of TV presenter Caroline Flack sent shockwaves up and down the nation at the beginning of 2020. The presenter was due to appear in court over allegations of domestic abuse. Throughout this time, she stepped down from her presenting roles and became reclusive. The media alternatively became obsessed with prying into her life, sharing images taken by the police of her bedroom with bloodied sheets in the background. Her death raised many thoughts and concerns over the morality of journalists and the legislations in journalism as Flack at the time had not been charged with the allegations yet had already been portrayed as guilty.
Following her death an Instagram post that she was advised not to share was posted by her family, within the post she herself mentioned that the picture had been sold to the papers.
The media portrayal led to a witch hunt and had a profound and fatal effect on her mental health. Her death caused a large debate on social media, with many saying the tabloid media had “blood on their hands” and over 850,000 people signed a petition for journalism laws and legislation to be created to protect the mental health and end the harassment and bullying from the media.
Overall it is evident that the current legislation needs updating and certain journalists need to consider the power their words can have on an individual, group or organisation.
In the case of Caroline Flack, her death has caused a heightened awareness of the importance of how we should treat people- especially prior to a court case as allegations (if untrue) can and are damaging to lives.
Thanks for reading- C
Caroline’s full statement:
“For a lot of people, being arrested for common assault is an extreme way to have some sort of spiritual awakening but for me it’s become the normal.
“I’ve been pressing the snooze button on many stresses in my life — for my whole life. I’ve accepted shame and toxic opinions on my life for over 10 years and yet told myself it’s all part of my job. No complaining.
“The problem with brushing things under the carpet is they are still there and one day someone is going to lift that carpet up and all you are going to feel is shame and embarrassment.
“On December the 12th 2019 I was arrested for common assault on my boyfriend. Within 24 hours my whole world and future was swept from under my feet and all the walls that I had taken so long to build around me collapsed. I am suddenly on a different kind of stage and everyone is watching it happen.
“I have always taken responsibility for what happened that night. Even on the night. But the truth is… It was an accident.
“I’ve been having some sort of emotional breakdown for a very long time.
“But I am NOT a domestic abuser. We had an argument and an accident happened. An accident. The blood that someone SOLD to a newspaper was MY blood and that was something very sad and very personal.
“The reason I am talking today is because my family can’t take anymore. I’ve lost my job. My home. My ability to speak. And the truth has been taken out of my hands and used as entertainment.
“I can’t spend every day hidden away being told not to say or speak to anyone.
“I’m so sorry to my family for what I have brought upon them and for what my friends have had to go through.
“I’m not thinking about ‘how I’m going to get my career back.’ I’m thinking about how I’m going to get mine and my family’s life back.”
