I have been trying to learn about Britain after learning how, for example, when king charles allegadely has relations with a boy, and no one was able to talk about it, and over here in the US, the truth is protected even when it makes someone look bad. I am just wondering how far it goes over there, are they able to put you in jail even if you say something that’s the truth? I know the 1st amendment of the bill of rights is the reason we have that freedom, but i guess what I’m wondering is what is the difference between the the US’ freedom and their “freedom” when it comes to the press. And with libel laws, how do they effect the Britains press? is there a point to a press if they can’t even expose the truth do you think? I searched the internet and couldn’t find anything that i was really looking for, so if you could also supply a relative link that would be nice.
oh sorry i’m silly, i meant prince charles. Well the thing i saw was a video of the John Stuart on the daily show. It was awhile ago but i don’t know when exactly.
September 24th, 2009 at 4:10 am
Defamation law in the UK and US is, in most cases, virtually identical.
In both countries it is completely legal to print anything you want about someone, so long as it is the truth.
Please note that any article you might have found about a libel case involving King Charles is at LEAST 420 years old - Charles II died in 1685, and the law has changed a LOT in the intervening centuries.
If you print something that is not true then the law for defaming a private individual is similar in both countries. The defamed person must be able to show that the defamatory statements were false, and that they were made either knowing they were false, or with ‘reckless disregard’ for whether they were true or not. In the UK, and in most US States, the defamed person must also be able to show that they were actually damaged by the defamation. In a few US States, some types of defamation - claims of sexual promiscuity, or of having a ‘loathsome disease’ for example - can be actionable without any actual damages.
Where the law in the UK and US does differ is in its treatment of “public figures”.
UK law does not differentiate between ‘Joe down the street’ and a Hollywood movie star, or a politician or member of the Royal family. Everyone is the same in the eyes of the law.
US law, however, grants significantly less protection to people who are considered “public figures”. To win a defamation case a “public figure” must show not just that the statement was defamatory, but that it was made with ‘actual malice’.
Richard