Paul Nicholls – Podcast Paul

Legal stuff from Paul to help podcasters:

Freedom of Speech
The legal side of podcasting is very tricky. Podcasting is not recognised by the law.

Paul has been in law for 20 years. Works in civil litigation.

Is speech really free?
No – we have lots of freedom to speak but there are limits to what we can say.

Public law has parameters that we live by. These are policed by the state.

Civil actions - they can be taken by individuals who’s rights are infringed.

Defamation as opposed to ‘Mere Taunts’
In the heat of the moment calling names may not be defamation. But if its not in the heat of the moment and it might be calculated to sully a peson’s name then it may be actionable.


Podcasting and the law
The law doesn’t like new technologies. Podcasting is difficult.

Theatres are covered by the Theatre’s Act. Broadcasting Act covers TV. Podcasting doesn’t appeal. Maybe it’s libel if you defame someone. Maybe it fits under the Broadcasting Act. No one really knows.

Defamation may happen through waxworksor through spreading lies with malicious intent.

Paul has dealt with a podcast defamation issue already. Pub conversation resulted in reference to someone else. It wasn’t defamation – but there is a risk there. You can’t defame people.

Evidence requirement
May need to prove evidence:
If you accuse them of a criminal act (current affairs podcast for example)
If you accuse them of having a sexual/contagious diseas
Imputation of sexual unchastity (in women)
Disparaging in office or profession
Innuendo – not just smutty (example of amateur golfer in 1931 who felt his amateur status was compromised by JS Fry’s advertising for chocolate!)

Ignorance of the law is no excuse

Can’t defame a class of people

Drawing the inference is the test

If the group is small enough it may be actionable – if the individuals involved could be identifiable.

Be very careful if you talk about current affairs and you might give information which would lead to mis-identification.

Defences
If you think you may have defamed someone – you need to take advice – offer to make amends

Justification, fair comment in the public interest.