Explain the significance of a UK court judgment in one case concerning media law that has occurred in the last 12 months. What are theimplications of the ruling for relevant sections of the media regarding media practices and/or “media freedom
In 2003, "The Citizen” published a series of articles in which they called Robert Mcbride "amurderer ". The articles were written, just after McBride became chief of policeman of Ekurhuleni's city. Mr Mcbride was a terrorist who fought against the apartheid regime. In 1986 he placed a bomb inDurban's bar that killed 3 women and hurt 69 people. He was condemned to death sentence, but in 2001 he was granted amnesty.
After those articles were published by "The Citizen", McBride instituted anaction for damage against the newspaper. He alleged "that the articles were defamatory ".
“Defamatory statements are those published or spoken which affect the reputation of a person, company, ororganization.
Judges tell juries that a statement about a person is defamatory if it tends to do any one of the following:
-expose the person to hatred, ridicule or contempt;
-cause the person to beshunned or avoided,
-lower the person in the estimation of right- thinking members of society generally; or
-disparage the person in his/her business, trade, office or profession.” (Banks D. andHanna, M.(
Last February 26 2010, we find out that Mc Bride had won the defamation case against the newspaper. The demand interposed by McBride alleged that The Promotion of National unity andReconciliation created to close Apartheid´s chapter, had granted with amnesty.
The Court agreed with McBride, alleged that once amnesty had been granted he could no longer be branded in the way that it hadbeen and that it was wrong to call McBride a murderer.
This case is an unusual instance of libel, ( as I am referring to a written newspaper article),crux of the case was not really whether the...