Indecent images and defamatory meaning in late modern societies: taking ordinary, reasonable readers outside their ivory tower

Antoniou, Alexandros ORCID: https://orcid.org/0000-0002-4249-0939 and Akrivos, Dimitris (2017) Indecent images and defamatory meaning in late modern societies: taking ordinary, reasonable readers outside their ivory tower. Journal of Media Law, 9 (2). pp. 155-172. ISSN 1757-7632

[thumbnail of akantoniou_dakrivos_bukovsky_cps_2017_AM.pdf]
Preview
PDF
akantoniou_dakrivos_bukovsky_cps_2017_AM.pdf - Accepted Version

Download (305kB) | Preview

Abstract

The article scrutinises a libel case brought by a claimant against the public prosecuting authority in England and Wales, asking the court to determine as a preliminary issue the meaning of a Charging Announcement. This case is worth consideration because it illustrates how the arguably problematic interpretation of the offence of ‘making’ indecent images of children may extend beyond the dynamics of the criminal trial to colour the adjudication of civil disputes. The article also challenges the qualities of hypothetical referees in defamation cases, suggesting that they need to be determined based on a realistic rather than an idealistic view of late modern, multi-mediated societies. The Savile scandal and other high-profile child sexual abuse cases have cultivated a climate of mistrust in which the ordinary reader is reasonably (not unduly) suspicious and should not be expected in this context to favour a less defamatory meaning over a more defamatory one.

Item Type: Article
Identifier: 10.1080/17577632.2017.1345477
Additional Information: © 2017 Taylor & Francis. This is an Author's Accepted Manuscript of an article published in the Journal of Media Law on 07/06/2017, available online at: http://www.tandfonline.com/doi/full/10.1080/17577632.2017.1345477.
Keywords: Libel, indecent images of children, avid for scandal, Savile effect
Subjects: Law and criminal justice > Law
Law and criminal justice
Media
Depositing User: Alexandros Antoniou
Date Deposited: 02 Sep 2017 08:43
Last Modified: 06 Feb 2024 15:54
URI: https://repository.uwl.ac.uk/id/eprint/3845

Downloads

Downloads per month over past year

Actions (login required)

View Item View Item

Menu