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Words: | Submitted: Mon Jul 19 2004
... The name 'justification' is misleading because the defendant does not need to show he had a moral or social reason for publishing the words, the fact they are true is satisfactory. The journalist has to prove the article in question is 'on balance of probabilities' which is a lower requirement than 'beyond reasonable doubt'. An example of this is the 1994 case between television actress, Gillian Taylforth and the Sun. The Sun used the defence of justification successfully after they published a front page splash entitled 'TV Kathy's sex romp'. The article stated Gillian and her boyfriend were having sex in a parked car. The Sun used the police press office for confirmation that Gillians boyfriend had been cautioned for indecency. The police officer used as a witness claimed he had seen the couple. This example also demonstrates another point that journalists should be aware of, to ensure their witnesses ...
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