Albert: Welcome to our latest podcast “Understanding the law”. I’m Albert Slocombe and today we have an expert in the law of defamation, Ms Clara Humphries, from the firm of Humphries and Hubert. Welcome, Ms Humphries.

Clara: Thank you, Albert. Please call me Clara.

Albert: OK, Clara. Thank you. This is an area of law that most of our listeners have heard of, especially since there’s been a lot of talk about newspapers defaming celebrities, like American film actor Johnny Depp. But really, most people know little about this area of law. What are the main principles of defamation?

Clara: Well, defamation is a very broad area, and what you’re talking about with the Johnny Depp case is a limited part of defamation.

Albert: How so?

Clara: When a newspaper publishes something, either online or in print, and someone claims that it harms their reputation, the individual could take legal action for libel.

Albert: OK. And what if someone just says something, say, at a huge party. Someone says something negative about you and dozens of people hear it. That’s still defamation, isn’t it?

Clara: Yes, but that would be slander because the defamatory language isn’t permanent in the way it is when it’s published, but, like libel, you still have to show your reputation was harmed.

Albert: OK, well let’s make this simple and focus on libel. So, what does one have to prove to win a case of libel?

Clara: So, that’s an interesting point. In the US, the burden of proof is on the plaintiff, but in the UK, the defendant has the burden of proof.

Albert: That’s confusing! I thought the US and the UK were quite similar in their laws. Why this difference? And more importantly for our listeners, what does this difference mean?

Clara: Yes, the US and UK are usually similar in their interpretation of many legal concepts, but libel is one area where there are big differences. In the UK, the defendant, which is typically the newspaper, has to defend the words they used and show or prove that those words were used fairly.

Albert: Thinking about the Johnny Depp case. He’s the plaintiff, isn’t he?

Clara: That’s correct. And in the UK, he doesn’t have to prove anything, but in the US, he has to prove that what was written about him was untrue and also harmed his reputation.

Albert: That sounds difficult to prove!

Clara: Yes, it can be, which is one reason why he filed his case in the UK. He doesn’t have to prove anything, but the newspaper does.

Albert: That a good deal for him, isn’t it?

Clara: You would think so, but to my knowledge, he hasn’t been successful, so perhaps it’s not such a good deal after all.