Tuesday, January 18, 2011
Prior notification has to be fair on both sides
http://www.holdthefrontpage.co.uk/2011/news/prior-notification-is-about-more-than-max-mosley/
In the interests of balance and fairness prior notification of the publication of potentially contentious stories should become law. But with a quid pro quo.
Most responsible publications already go to the party concerned for their comment prior to publication anyway. It’s only when they fear doing so will result in an injunction that they don’t bother.
That’s why it would make sense to insist on prior notification in return for a ban on a resulting injunction unless the matter is likely to bring someone’s life into danger or a similar circumstance beyond merely the embarrassment of the person or organization involved.
Why? Because if the allegation is untrue, the subject should be allowed to say so in the same piece, preferably with the same prominence, and if that’s the case then they can sue and should win.
That way those things which should exposed in the interests of the public interest can be published and falsehoods can be punished.
Labels: libel, prior notification
