Garry Glitter; Forever Defamed

Today's Law lecture was all based upon Defamation. In lamans terms for those who are not in my course and who are reading this (probably no-one) Defamation describes a civil dispute between parties. For one to be Defamed the candidate is often branded that for the rest of their lives. Garry Glitter is an easy example of this as now he has been branded as a pedophile, even if he has changed his ways, that reputation will stay with him.


Unfortuntely, whilst trying to find an image of Garry Glitter looking slightly more like his title, this image occured which seems to frame him in a light that makes him look guilty through his use of a baseball hat and sunglasses as if he is trying to hide his identity. Luckily for me, he has been convicted as a Pedophile so I can't get in trouble for this! Phew! Getting back on track, it means whatever you do does have consequences kids! See, the amount of times i've told my parents the embaressing things they do will tarnish my 'rep' IS true. Generally, if you say something about a person which may tend to diminish their reputation "in the eyes of the right thinking people", then you have defamed them.


Another example of this is Harold Shipman, the mass-murdering doctor who was jailed for life in 2000 for killing 15 patients whilst working in Hyde, Manchester. A later report found he had killed between 215 and 260 people in a 23 year period. Shipman was found hanging in his cell on Tuesday 13th January 2004, and it can be said due to Shipman being defamed he knew -although he was given 15 life sentences meaning he wouldn't ever see daylight again- his whole reputation had been ruined and he would never get that back. 

Image above taken from Flickr, by: John Dorschner | The Miami Heraldwww.truthout.org/033009C

The guidelines for juries are that a statement is defamatory if it merely tends to lower their reputation in any of the following ways;

1. Exposes them to hatred, ridicule or contempt (definitely in Gazza Glitter's case)

2. Causes them to be shunned/avoided (and again)

3. Discredits them in their trade, business or profession (hardly like Garry's got much of a career anymore due to what he gets up to in his spare time)

and 4. Generally lowers them in the eyes of right thinking members of society.
Consequently, what do people like Garry Glitter and mass-murderer Harold Shipman expect? A wave of new friends?


Slander
Ultimately, if you defame a person in a non-permanent form such as a conversation for example, then you have slander them. Putting it simply, you have defamed them by hurling abuse or calling them any name under the sun, but it's during conversation so it's cool. 


For those who are just looking for a simple answer relating to the definition of slander, here's all i can give you;


Publication (magazine/newspaper) + Defamation + Identification (particular person, image etc) = LIBEL 


Accidental libel, relates to if a publication/person has identified someone as a murderer, however there is someone who has exactly the same name, and for example, job description as given, they can sue for accidental libel as without meaning to, they have been in some ways 'wrongly identified'. 


Libel Defences
1. Justification - That the statement is true and we can prove it
2. Fair Comment - Comment and not fact of the Journalist, including their honest opinion 
3. Absolute Privilege - When people such as Soldiers are given absolute privilege to commit murder and get away with it.
4. Qualified Privilege - When people such as Journalists get certain excepts to laws under particular conditions.