Why does Britain have libel laws? Is the burden of proof on newspapers and magazines too great under these law

Question

This question is an essay question!! i asked it here because part of the instruction says to ask other peoples opinion. Now if you have a proper answer put it. if not please be smart a person and don't send abuse it just makes you look unintelligent.

Answer 1

While it is comforting to realise that people are to some extent protected under the defamation laws from being the target of abuse and falsehood, in practice these laws are hard to defend, as being essentially available only to the very rich.
Under the United States laws of defamation, claimants have to prove that what was said about them was false. Under the defamation laws of England and Wales, the claimant does not have to prove that the statement made about him or her was untrue, but merely that the allegedly defamatory statement was potentially damaging to his or her reputation. This, of course, renders newspapers very vulnerable and all newspapers of any size employ overnight libel readers – lawyers with the stamina to burn the midnight oil – to scan the column’s of next day’s papers for any offending lines. In the United States there is a "public-figure defence," rendering it difficult for people in the public eye to sue for libel. In order to succeed, they would have to show not only that the allegations were false, but that they were made maliciously or with reckless disregard for the truth. It’s little wonder, then, that some individuals sue American newspapers in Britain rather than the United States.
Another aspect of the vulnerability of a defendant newspaper is the fact that whereas in other areas of criminal law the defendant is innocent until proved guilty, in defamation actions the burden of proof is reversed. There is an underlying assumption that the words published by the defendant newspaper were misleading or damaging to the claimant; the defendant newspaper must, therefore, establish its innocence. In that sense it is unlike all other areas of English law.
Defamation law has a stifling effect on free speech. Libel hangs like a sword of Damocles over writers and publishers. Often very good stories are not published on the4 advice of the newspaper libel reader, as the thought of a lengthy and cripplingly expensive libel case outweighs the value of the news story.
What’s more, the consequences of publishing a defamatory story are international in their impact, with British newspapers being sold abroad in countries where they render themselves vulnerable. This perhaps is why a United States Court in 1997 declined to enforce a libel judgment from an English court on the grounds that the English defamation laws failed to measure up to the basic human rights standards and were repugnant to the constitutional ideal of free speech.

Answer 2

Actually, the newspapers can write what they like about the ordinary man, since the cost of proceeding with a libel is so high that most people could not afford it. There is no legal aid for libel.

The libel laws exist to prevent the newspapers publishing potentially damaging allegations against the rich and powerful.

Answer 3

Libel laws are there to protect the individual from slanderous claims written against them which cannot be founded with real evidence.

I don't think that the burden of proof is too onerous at all - without facts and proof they shouldnt print it.

I do think that people who are in the public eye should expect this kind of thing more often and be better prepared to deal with it!

Answer 4

They don't report the whole truth only things that sell newspapers when the IRA was active I watched the news in England and it was what atrocities the IRA had just done I travelled to the south of Ireland on the same day and watched the news and it was about the atrocities the English troops had done on the same incident.one of them telling porkies.A least all that over now.

Answer 5

despite the libel laws i think the newspapers DO print what they want to about people i'm amazed at times how far they go

Answer 6

If we didn't have them, the newspapers etc could write what they liked about you & everyone would believe it.