Defamation and Journalism

Running Head: Defamation and Journalism 1
The Link between Defamation and Journalism
Student Name
Institutional Affiliation

Defamation and Journalism
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Journalists encounter several obstacles while going about the day-to-day reporting
activities. Controversies and unsubstantiated accusations about public figures are covered in
the course of reporting. Journalism requires a good comprehension of the Australian
defamation laws; this helps in avoiding the risks associated with the publication of
defamatory content (Ackland, 2019, P. 5-7). Defamation is a statement of fact maliciously
published to harm the person’s reputation (Pearson & Polden, 2014, p. 22).This paper seeks
to highlight the consequences of defamatory content to journalists’ career ambitions, the
defamation laws laid down by the Australian legislature, safe work practice, risks involved
between journalism and defamation, legal cases, and other laws relevant to defamation and
journalism. The necessary claim elements and defences available to journalists will also be
explained.
The law of defamation seeks to regulate the content published by media houses. The
law intends to avoid publication of information that is harmful to an individual’s or
organisation’s reputation; this is done with the aim of protection reputation as well as not
limiting the freedom of speech (Conroy, 2010, P. 18). However, the freedom of speech is not
unequivocally explained in any of Australia’s statutes or constitutional rights (Ifex, 2019).
Australia uses a common law approach towards defamation cases. There is a three-pronged
test applied when determining cases of defamation; the defendant published some
information; the information is about the claimant; the content is likely to cause harm to the
claimant’s reputation. The defendant must defend the material with honest opinion, truth,
qualified privilege, and other defences available to the defendant. The journalist does not
need to have intended harm; the three elements of defamatory content a sufficient in a
defamatory case.
The defamation laws in Australia are exceptionally strict and prevent journalists from
reporting false information. The punitive measures put in place makes it difficult for
journalists to expose corrupt activities by public figures without proof. The threat imposed by
defamation laws muzzles the media thus forcing them to filter the content published in the
media streams and newspapers (Pearson & Polden, 2014, 22-38). Majority of the publication
materials are cross-checked by layers; advocates modify the content reduce the risk of a
possible defamation suit. Readers want to know more, but they barely get a glimpse of the
process undertaken to get the information out there (Finkelstein, 2012, P. 30-45)). Journalists
have been for a long time sued for publishing information that is deemed to be false.