Matter.
The title Matter is taken from the Defamation Act 2013 section 4.
WHY MATTER
Matter is the key word in giving explanation on what is in the public interest and what is not. A journalist’s responsibility is to decide whether this story matters to the general public.
Number 14: Gray, 1984 - Jackson Pollock
WHAT LAW IS ON THE WALL?
The word matter is taken from the Defamation Act 2013 and gives our journalists the authority to decide on what matters are in the public interest and should be published.
Defamation Act 2013 section 4. Publication on matter of public interest (1) It is a defence to an action for defamation for the defendant to show that— (a) the statement complained of was, or formed part of, a statement on a matter of public interest; and (b)the defendant reasonably believed that publishing the statement complained of was in the public interest.
THE LAW IS CLEAR
If it is in the matter of public interest it should be published. The media must be able to report the truth without fear. A democracy is based on the fundamental rights of freedom of expression and holding the powers that be to account.
“In the long run, the public interest depends on private virtue”
THE GREY AREA
To arrive at the right decision of what actually does matter to the general public is an incredibly grey area. If a journalist is good at their job, and to win the trust of the public they must hold governments and other institutions to account and they must act and behave ethically.
The grey area comes about when we ask does everything matter when it comes to public interest? Is the matter really intended to be for the benefit of society?
Mosley v News Group Newspapers Ltd
DEFAMATION CASES
When Max Mosely was wrongly accused of a ‘nazi themed orgy’ on the front pages of the tabloids. He challenged the publication of details of his private life under Article 8 of the European Convention on Human Rights in respect to the headline which read "F1 boss has sick Nazi orgy with five hookers". The defendant argued that the newspaper's right to freedom of expression should prevail due to the public interest in knowing the individual was involved in Nazi roleplay and, irrespective of the Nazi element, the public had a right to know as the individual was the President of the FIA.
However the court ruled that "there was no evidence that the gathering of 28 March 2008 was intended to be an enactment of Nazi behaviour or adoption of any of its attitudes. Nor was it in fact".
The court ruled that even in cases of adultery, sadomasochistic behaviour was generally not a matter of public interest but that there could be a public interest if the behaviour involved the mocking of Jews or the Holocaust.
But there was "no genuine basis at all for the suggestion that the participants mocked the victims of the Holocaust". Mosley was awarded damages of £60,000 (approx. $92,000) from the case and the court ruled that there was no evidence of a Nazi element to the sex act.
WHY IS IT SO IMPORTANT IN 2021 TO DEFINE WHAT MATTERS TO THE GENERAL PUBLIC?
What is in the public interest today may not be in a decade, the idea of public interest is ever changing and intentionally ambiguous and mutable.
The public interest is such a complex and tricky concept to navigate because it has no overarching definition as it is contextually determined in scope and purpose.
This means, in any particular instance, political, legal and regulatory authorities make judgement calls. And what may be deemed in the public interest today may not be in a decade; it changes with social mores and values.
Julian Assange, Old Bailey, 2020 - Julia Quenzler
WIKILEAKS
WHY WE MATTER
WHAT IS IN THE PUBLIC INTEREST
There was matter when a man wielding a knife stabbed a girl in the neck and he was at large all night in Birmingham. Now if the police were not releasing the image of the suspect, but a good source had leaked it to the press, is it in the matter of public interest for the journalist to release that image to the people of Birmingham. Is this interfering with justice? Is this harming the investigation? Is it in the public interest for the press to print a photo of a man who has not yet been officially released by the local authorities?
Matter. Legal Cartoon by Harri Hampson
Never act against your conscience, even if it public interest requires that.
WHY THE ARTS MATTERS
Elliot Eisner states that “The arts help children learn to say what cannot be said” in his list of “10 Lessons the Arts Teach”. Art is a language and form of communication that humans have used throughout history.
Matter. artwork installation in Media City, Manchester on 23/4/21
WHY MANCHESTER?
Manchester is the home of media city where BBC, ITV and Peel Media are all based.
INTERACTIVE ART THAT SPARKS DISCUSSION
This is an on going, ever evolving interactive artwork to keep people engaged with the law and the discussion that comes from it.
THREATS TO PUBLIC INTEREST
There are many threats to public interest as in the collapse of the underpinning business model, the market power of digital platforms, neoliberalism, the rise of authoritarianism, and attacks on press freedom and safety.
BE HEARD AND GET INVOLVED
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