Libel advice

Leinsterview

I intend publishing a political piece shortly -- nothing too long, about 900 words. I am concerned (paranoid?!) about libel. Any ideas about where to get an informed opinion?

Atlantic Dawn

Where do you intend publishing it?

Leinsterview

Atlantic Dawn wrote: »

Where do you intend publishing it?

As a book -- Irish publisher.

Leinsterview

I tell a lie: it's actually a UK-based publisher that distributes in Ireland inter alia.

Peregrinus

Leinsterview wrote: »

I intend publishing a political piece shortly -- nothing too long, about 900 words. I am concerned (paranoid?!) about libel. Any ideas about where to get an informed opinion?

From a firm with experience, and preferably a reputation, in media law. Wouldn't be right to name names, but if you google for reports of defamation actions, and then check who represented the parties in those actions, a few firms' names will pop up repeatedly.

FreudianSlippers

Is the publisher not requiring E&O Insurance? Usually these things would be proofed for defamation (Ireland) / libel (UK) prior to publication and a publisher would seek the author (or author's company) to get E&O Insurance to prior to publication to protect them from claims.

billy few mates

Leinsterview wrote: »

I tell a lie: it's actually a UK-based publisher that distributes in Ireland inter alia.

You're already in trouble....

coylemj

Leinsterview wrote: »

I intend publishing a political piece shortly -- nothing too long, about 900 words. I am concerned (paranoid?!) about libel. Any ideas about where to get an informed opinion?

Based on your other posts, it's not you who is publishing it, it's a crowd in the UK so you need to discuss libel and defamation with them.

NoQuarter

coylemj wrote: »

Based on your other posts, it's not you who is publishing it, it's a crowd in the UK so you need to discuss libel and defamation with them.

Simply writing the article and emailing it to the publisher could be considered publication, in the legal sense.

coylemj

NoQuarter wrote: »

Simply writing the article and emailing it to the publisher could be considered publication, in the legal sense.

Wouldn't there be a basis for a claim of qualified privilege in that communication?

A journalist working from home or in the field e-mails a report/opinion piece to a sub-editor - wouldn't the same (qualified privilege) apply?

NoQuarter

coylemj wrote: »

Wouldn't there be a basis for a claim of qualified privilege in that communication?

A journalist working from home or in the field e-mails a report/opinion piece to a sub-editor - wouldn't the same (qualified privilege) apply?

It's likely, but qualified privilege, as I'm sure you know, is a defence so at that stage there has already been a defamation. You'd want to be fairly sure there is a solid defence before you go ahead.

coylemj

NoQuarter wrote: »

It's likely, but qualified privilege, as I'm sure you know, is a defence so at that stage there has already been a defamation.

Absolute privilege is also a defence but it doesn't mean that everything said in Dail Eireann is defamatory.

NoQuarter

coylemj wrote: »

Absolute privilege is also a defence but it doesn't mean that everything said in Dail Eireann is defamatory.

Well, if it's said out loud, it's false and it lowers the subject's reputation in the eyes of the rest of the Dail, isn't it?

Peregrinus

NoQuarter wrote: »

Simply writing the article and emailing it to the publisher could be considered publication, in the legal sense.

Yes, but in itself it's very unlikely to give rise to a defamation action. There's only be a defamation action if the piece is published widely, e.g. printed in a newspaper or magazine, or printed and sold in bookshops, or similar.

In that situation, if there's a defamation action, the plaintiff will sue everybody in sight - the author, the publisher, the printer, the distributor, the bookseller. But a commercial publisher will usually indemnify all the other defendants, will take on the running of the case and will bear any damages and costs. The author's reputation may be at risk, but usually not his wallet. And for that reason the publisher will normally consider the risk of a defamation action (and, if necessary, take legal advice) before deciding to publish

It's different if you don't have a commercial publisher. If you self-publish, or if your publisher is an amateur outfit or a very small outfit, then as author you may be in the frame financially as well as professionally.

FreudianSlippers

Peregrinus wrote: »

In that situation, if there's a defamation action, the plaintiff will sue everybody in sight - the author, the publisher, the printer, the distributor, the bookseller. But a commercial publisher will usually indemnify all the other defendants, will take on the running of the case and will bear any damages and costs. The author's reputation may be at risk, but usually not his wallet. And for that reason the publisher will normally consider the risk of a defamation action (and, if necessary, take legal advice) before deciding to publish

Agreed in principle, but that's why the publisher would usually require the author to take out E&O insurance (or I suppose cover themselves with E&O insurance) - in either case, the book would be legalled prior to publication.