Should a Journalist be liable for the work they produce?

To what extent should journalists be personally liable for their work and exposed to defamation action over their stories?

Journalism is one of the only professions that allows information to be distributed out to a mass of people known as the public sphere. (Simpson) One setback to this is laws regarding defamation which hold a journalist or member of the public, such as a blogger personally responsible for the information they publish. Journalists like other professions are also governed by a code of ethics and standards as set by the Australian Press Council (APC). Part of the standards which journalists abide to is sharing information that is of public interest which can lead to revealing information that some may not like being released. The laws of defamation are constant concerns for journalists.

Defamation is of concern to a journalist as they are held responsible for the work they publish, just like any other citizen or blogger who may defame another. Journalists' strive for publishing information about "people and their activities." (Pearson, page 183) Their work is grounded by the APC's guidelines which include publishing "accurate, fair and balanced reporting." (APC, paragraph 5) One would assume that this would mean their works are published only once they have evidence from an ethical source. If their source is ethical and obtained legally why should a journalist be threatened with legal action for doing their job? Journalists reveal information to keep the public informed on political and social issues. Despite following guidelines, the government sees defamation as a wrong injuring another's reputation.  

Journalists should take responsibility for the works they produce and publish. There are defences in their favour for merely informing the public and holding people to account. Although defamation imposes restrictions on journalists, quality journalism is not lost. (in Pearson) Journalists have several defences, the first is apologising which under the defamation Act is a defence if the plaintiff accepts an offer of amends. (Pearson, page 216) However, should an offer not be accepted truth or justification is next in-line as a defence. As every journalist should have evidence of the claims that justifies the published material is "telling the truth about a man [plaintiff], his reputation is not lowered beyond its proper level, but is merely brought down to it." (AEU, paragraph 4) Quality journalism shouldn't be affected by defamation, in many cases journalists find their employer will assist in defending any defamation action.

Accepting your responsibility for writing and conveying information develops your journalistic skills and fosters accountability and trust with your readers. (in Pearson) Most journalists are members of the Media Entertainment & Arts Alliance (MEAA) which also provides a code of ethics for journalists to follow.  The MEAA code of ethics describes just why a journalist should accept responsibility for their writing:

"They scrutinise power, but also exercise it, and should be accountable. Accountability engenders trust. Without trust, journalists do not fulfil their public responsibilities." (MEAA, paragraph 1)

Fair and accurate journalism that fosters accountability and trust with the public is worth taking responsibility for and attaining.

Works cited

Australian Education Union (AEU). "Defamation and Report Writing." Web 8 May 2012.
        URL        <http://aeutas.org.au/Portals/0/Documents/Services/Legal%20and%20Industrial/Defam
        ation%20and%20Report%20Writing_aspx.htm>

Australian Press Council (APC). "Statement of Principles." Web 8 May 2013.
        URL <http://www.presscouncil.org.au/statements-of-principles/>

Simpson, Lindsay. "Public Sphere." James Cook University. Townsville, IN. 7 March 2012.      Notes via Web 8 May 2012.
        URL <http://www.nickosullivan.id.au/2012/03/public-sphere.html>

Media, Entertainment & Arts Alliance (MEAA), "Media Alliance Code of Ethics". Web 8 May 2013.     URL <www.alliance.org.au/code-of-ethics.html>

Parliamentary Education Office (PEO). "Separation of Powers: Parliament, Executive
        and Judiciary." Inc. 18 October 2012. Web 8 May 2013.
        URL        <http://www.peo.gov.au/students/fact_sheets/separation_powers_parliament_execut
        ive_judiciary.html>

Pearson, Mark & Mark Polden. 4th Edition The Jouranlist's Guide to Media Law. Allen &
                Unwin, 2011. Print