PR and the Danger of Libel
As a journalist I studied defamation / libel law as part of my NCTJ training (National Council for the Training of Journalists).
Understanding libel is an essential skill for any writer. Without an understanding and knowledge of how libel works it’s very easy to cross the legal line and damage someone’s reputation with unfounded and unproven allegations.
In libel the burden of proof is on the publisher – this legal term means that anyone publishing a libel has to be able to prove in court that their allegations – all of their allegations are true facts. The victim of a libel need not prove their innocence – that is assumed by the court. The burden of proof falls squarely at the feet of the publisher(s) and if they are not able to prove to a judge’s satisfaction that ALL their allegations or suggestions are true then they are guilty of libel and liable to pay compensation and a hefty fine – often six figures, occasionally as much as seven.
It amazes me that so many PR consultants have such a poor understanding of the law when it comes to publication - both digital and print. A PR consultant who lacks a good understanding of libel is a liability and a disaster waiting to happen. I would urge all PRs to at least read the chapters on defamation in the journalist’s bible, McNae’s Essential Law (pictured above). Click here to buy it.
Consider this example: Company A is a web based retailer selling widgets and doing very nicely. Then along comes Company B – another online widget shop trading in direct competition. Suddenly Company A experiences a drop in revenue. Now let us suppose that the director of Company A decides drastic action is needed. He writes a statement slagging off Company B, saying it’s a rip off company and warning shoppers not to buy their widgets.
Company A has libelled Company B by disparaging them in their trade. Trade libel is a serious matter often punished by very large legal fines. There is even the possibility of imprisonment.
Suppose Company A’s director decides to ask his PR consultant for advice before he publishes his libellous statement. If his PR has any journalistic training whatsoever he would strongly advise his client not to enter into such a smear campaign. However, if he has made the mistake of hiring a PR with no journalistic legal knowledge he may not receive the correct advice.
If Company A’s PR says, “Yeah, fine, go for it,” and Company A director publishes his libellous statement online – he has committed a libel and can look forward to eating a large slice of humble pie in court. If the PR offer to write the statement for him – and take things further by publishing the statement on their own website too, then they have committed a fresh libel.
Now Company B can sue not only Company A but the PR firm as well. The law states that each repetition of a libel is a fresh offence of libel. Now the PR firm will have to convince a judge that all their suggestions and allegations are true. Humble pie all around then.
If you want a PR firm who’ll give you the right advice – make sure you hire someone with some knowledge of the law of libel. Otherwise it could be a very costly mistake.