Friday, December 28, 2007

On defamation


Caroline Kean at Press Gazette writes a good piece on Morrisey's case for defamation against the New Musical Express.


For students of journalism,she gives a good synopsis of the case and the legal arguments that may come up.

Bearing in mind that the alleged defamation was carried out in an interview,Caroline says

Consent is a classic defence to a claim in defamation. If an interviewee makes derogatory statements about themselves, the interviewer is entitled to publish these. So does Morrissey have a claim?
The defence of consent by implication refers to informed consent. It would not be a defence to a claim in defamation to show that the answer to a question had been reported accurately, if the question to which that answer was given was fundamentally different to the one published.

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