ABSTRACT
Libel is determined by case law and very vague language in a few statutes. Because it depends on a subjective interpretation of ‘ordinary meaning’ at the time a jury considers the alleged libel, something actionable in 1959 could be a compliment in 1999. There are aspects of the 1996 Defamation Act which still need time for case law testing before journalists can be altogether clear of how the land lies. Libel is the written publication of defamatory matter, while slander is the spoken word. The defence of justification is usually considered dangerous because the court may take a dim view of a persistence in it if it ultimately fails, and the jury may also award larger damages for the same reason. The most dangerous forum for the independent radio broadcaster is the live phone-in program and much is required of producers and on-air presenters to protect their stations from the ravages of mitigation.
