So...
The case of Mary Whitehouse versus Gay News
ttp://news.bbc.co.uk/onthisday/hi/dates/stories/july/11/newsid_2499000/2499721.stm
The publication Gay News had committed blasphemy by publishing a poem that insinuated that ‘Jesus was a Homosexual’.
- It is defamation to call some ‘Gay’.
Always AVOID innuendo!
1) You may not know whether it is true or not.
2) It suggests that you know that it is defamation.
Defence for defamation: 1) Justification (it is in fact true)
2) Comment (e.g joke, passing comment...etc.)
3) Qualified Privilege (Contempt of Court)... anything said in court cannot be used against them, or Parliament – it is Statute.
Robert Maxwell –
‘Is KGB Agent’ – defamation – defence would be qualified privilege.
Malice -
-Only Judges, Parliament etc.
-MPs have Absolute Privilege.
-As Journalists we should never report something that we know to be untrue.
-Even quoting someone can be malice because it is transferred to you.
-Always check that something someone has told you.
Skinner case – suspected Malice?
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