04 – Legal security
When your film includes potentially defamatory coverage of individuals or corporations, you need to be particularly mindful of the laws of the countries in which they reside or legally based. According to UNESCO, 80 percent of countries worldwide still criminalize defamation.
Defamation laws protect people, groups of people, or companies and organizations from statements made about them by a third party, without lawful justification. If a court finds against you in a defamation case, it can cost you a great deal of money, as well as the ability to screen your film.
Libel and slander are types of defamation. Libel is an untrue defamatory statement made in writing. Slander is an untrue defamatory statement that is spoken.
A statement is considered to be defamatory if it could cause an individual serious harm. The individual must show that they were identified or identifiable and that the statement was published, e.g., that it was included in your film, which was screened, aired, or streamed.
For companies, the standard for defamation is the ability to demonstrate that the defamatory statement could lead to serious financial loss, with “seriousness” varying from location to location.
Your intention as a filmmaker is not legally relevant. What matters is that the defamatory statement was false and that you may — or should — have known it was false. This includes repeating a false statement made by someone else.
The best defense against defamation claims is to be able to prove the truth of the statement. This means adhering to journalistic principles of factchecking and recording keeping. Consult a lawyer to determine what materials to gather and keep. In addition, because these materials could also be used AGAINST you, be mindful of documenting anything that could be seen as prejudicial, e.g., “gotcha” plans in a pre-interview brief.
Our intention is not to discourage you from speaking up; we want you to tell stories that hold people accountable — ethically, and safely.