Libel and the Media: The Chilling Effect

By Eric Barendt; Laurence Lustgarten et al. | Go to book overview

8
The Scottish Media

Introduction

The research methodology adopted in relation to the media in Scotland was a little different from that used in England for a number of reasons. First, the population served by the Scottish media is significantly smaller, which itself means that the number of claims for defamation made will also be significantly smaller: the statistical information gathered was, therefore, too limited to draw from it any useful general conclusions. Secondly, again as a result of the small size of the jurisdiction, it was considered appropriate to look at a broad cross-section of the media rather than to separate out the different forms, as has been done in the English chapters. Thirdly, much of the media output disseminated in Scotland comes from England, where the individual organization's policies are set and where the legal risks are assessed (not always accurately, as shown in the related field of election law when in May 1995 the Court of Session interdicted the BBC from broadcasting within Scotland three days before the Scottish local elections a Panorama interview with the Prime Minister). For this reason it was decided to concentrate on media outlets primarily based in Scotland. And fourthly, the management of defamation risk by Scottish media organizations follows a different pattern from that in England, with only one of those organizations investigated, BBC Scotland, employing an in-house lawyer. All others contract out their media law work to private firms of solicitors (though interestingly many of the larger organizations, such as Scottish Television and Caledonian Newspapers Ltd,

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Libel and the Media: The Chilling Effect
Table of contents

Table of contents

  • Title Page iii
  • Preface v
  • Contents ix
  • 1- The Law of Defamation 1
  • 3- National Newspapers 42
  • 4- Regional Newspapers 78
  • 5- Broadcasting 100
  • 6- Book Publishers 126
  • 7- Magazines 141
  • 8- The Scottish Media 159
  • 9- Conclusions 182
  • Index 199
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