Law of Defamation Essay Example | Topics and Well Written Essays - 1000 words

Law of Defamation - Essay Example The reporter told the court that he had not kept the notes. However, since action for defamation has to be initiated within one year of publication of the report, it may not be impossible to keep notes. But it has practical difficulties. The Act does not go in big way in the preservation of the freedom of the speech and press when it comes to the cases dealing with public figures. In fact it is the public servants that should be vigorously chased and made accountable to their deeds. Media, as it exists, is a spontaneous activity. Every word that the media reports cannot be authenticated with supporting documents. Media often relies on hearsay information. This information may be reliable. But reliability in certain cases may not possible to prove. Now, what is said in the media impromptu may not be available in the court for the purpose of evidence. This would make the press and broadcast media excessively cautious which will take away the vigor of news reporting in Britain, while el sewhere the news reporting can go on freely without fearing the legal cudgel. It is unfortunate that the British Parliament has doggedly resisted plans to shift the burden of proof on the issue of truth in the defamation cases. However this did not get much support. The guarded response of the Members of the Parliament to changes in law might have sprung from the fears they have of the British Press running riot like the American journalists.  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚  Ã‚   The peripheral changes that the Defamation act underwent is also due to the economic conditions.... The rapid progress in technology increased the possibility of sending news and view across the globe. The British broadcasting industry is a predominantly a state affair in spite of the much trumpeted independence and autonomy. The defamatory Act if pursued vigorously might ultimately affect even the functioning of BBC. Elsewhere in the world the media can go to big extent in grilling the public servants, celebrities and captains of industry. But in Britain Defamation act is the shield to protect them. But in the globalized scenario if the BBC is going to function as a guarded organization it is going to lose its competitive advantage in the globalized world. So the modification of the defamation act is also a must for the survival of the British Media. So in the print and broadcast media changes were imperative to survive in the globalized world. The Defamation Act of 1996 came out, after much fan fare about the drastic changes that it would bring about in the legal system, the changes were merely peripheral and disappointed those who expected an overhauling of the Act. The marginal provisions in the defamatory act have made many disappointed and consider the reform-exercise as a lost opportunity. There are defenses that address the problems created by the new technologies and fast growing scope of news reporting as an international matter. The other types of provisions are meant to reduce the expenditure in fighting less serious cases of libel and to reduce the immunity enjoyed by the people in power. The Defamation Act of 1996 falls short in addressing the problems created by the globalized context. Especially the provision called "Justification" puts the entire burden of proof on the defendant. In fact, as