Defences against defamation cases include justification ortruth, absolutely privilege, qualified privilege, fair comment, along with lesscommon defences such as consent and apology. DD1 ‘Atrue statement cannot be actionable in a civil claim for damagesDD2 ‘.Justification is the most effective defence against defamation cases. It isimportant for the defendant to remember that while justification may defendefficiently against a defamation case, there is still the obstacle of privacy,Article 40.
3, being infringed. (Healy, 2009)IDD3 personally find absolute privilege to be an intriguing method of defence. Thispermits immunity from any criminal or civil liability for acts done while inofficial capacity and is enjoyed ‘under European Community law by a widevariety of bodies and individuals, including officials and servants’. As the positionsgo down, absolute privilege to down-graded to qualified privilege, enjoyed bylocal authorities for example. I DD4 feelthis raises a question of the integrity of the Defamation Act and brings itslightly into disrepute among regular members of society. (McDonald, 1989) A defence of fair comment confers protection againstliability for those who make defamatory statements which contain fair commentson matters of public interest. Finally, the simplest form of defence isapology.
This does not, on its own, affects a publisher’s liability in respectof a statement but, in certain circumstances, an apology can help establish adefence to an action. Defamation Act 2009 would of course affect freedom ofexpression and libel. While it is important that media can report of matters ofpublic interest, this can create a fear of publishing particular content thatmay land them in hot water with the law. Another media policy which plays a huge role in Ireland isthe Broadcasting Act of 2009. The Broadcasting Act sets framework forbroadcasting services in Ireland.
It consolidates all Irish broadcastingcontent related legislation in a single act. It established a new authority theBroadcasting Authority of Ireland (BAI) which plays the roles of theBroadcasting Commission of Ireland (BCI) and Broadcasting Complaint Commission(BCC) and a range of new other watchdog functions.The Broadcasting Act also plays a role in boardappointments, standards of content that is broadcasted, TV license applicationsand funding provided to broadcasting in Ireland. I feel the Broadcasting Policyshould come down harder on the creation of media empires within Ireland. Thispolicy has clearly not affected the fact that such a huge amount of media iscontrolled by such a small amount of corporations or individuals. (Dep.
OfCommunications, 2009) In truth, its probably the lack of another policy after theBroadcasting Policy that has the most effect on Ireland’s media. The lack of aneffective policy which regulates the huge media concentration that exists inIrish media. Lack of media plurality and increased media ownership concentrationhas become a highlighted issue recently across Europe, Ireland being nodifferent if not worse than many for a very small number of businesses andindividuals controlling a large quantity of media. Unless amendments can bemade to the Broadcasting Act to make a difference with media ownership, thenthere must be further legislation creates to regulate potential purchases ofmedia. How these corporations such as Communicorp andDenis O’Brien have managed to build up these media empires is now being questioned.Silvio Berlusconi and Rupert Murdoch are examples of media moguls in Italy andBritain respectively, and these positions allow them to have monumentalinfluence and say on news agendas and the content that audiences consume.Concerns for Irish media has been raised at national, European andInternational level now and the risks that are being DD1Canyou explain what these terms mean? DD2Whereis this citation from? Also integrate your quotations: https://www2.
ivcc.edu/rambo/eng1001/quotes.htm DD3Pleaseavoid using the first person (i.e.
‘I’) in formal, scholarly writing. DD4Explainthese terms