Conjecture creates libel
West Ham's manager and coach accepted undisclosed libel damages and costs from the BBC over speculation on Radio 5 Live that they were considering a move to Chelsea, AFP reports.
Gianfranco Zola and Steve Clarke signed contracts with West Ham running until 2013. Their lawyer told the High Court in London that an unfounded report on Radio 5 Live that they had been interviewed by Chelsea's owner may have damage[d] their relationship with their employers and with the players and fans of West Ham
The case underscores the difficulty under UK libel law for journalists reporting stories based on rumour or speculation. If the story is damaging to someone's reputation then the reporter may have to prove the substance of the speculation to have a defence. In this case, the BBC accepted that it could not prove the interview with Chelsea took place.
Note that since the intention of the reporter is not a factor in UK libel cases, it is no defence to have been unaware of Zola and Clarke's contracts with West Ham.
The BBC's apology.
Gianfranco Zola and Steve Clarke signed contracts with West Ham running until 2013. Their lawyer told the High Court in London that an unfounded report on Radio 5 Live that they had been interviewed by Chelsea's owner may have damage[d] their relationship with their employers and with the players and fans of West Ham
The case underscores the difficulty under UK libel law for journalists reporting stories based on rumour or speculation. If the story is damaging to someone's reputation then the reporter may have to prove the substance of the speculation to have a defence. In this case, the BBC accepted that it could not prove the interview with Chelsea took place.
Note that since the intention of the reporter is not a factor in UK libel cases, it is no defence to have been unaware of Zola and Clarke's contracts with West Ham.
The BBC's apology.
Labels: Journalism, Media law
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