What must a broadcaster or author demonstrate to qualify for the innocent dissemination defense?

Prepare for the NCTJ Essential Media Law Test. Utilize flashcards and multiple-choice questions, each equipped with hints and explanations. Ace your exam!

To qualify for the innocent dissemination defense, a broadcaster or author must show that they took reasonable care and had no reason to believe that the defamatory comments would be made. This defense is particularly relevant in cases involving defamation, where the party seeks to avoid liability by proving that they were not aware of the potentially harmful content and acted with due diligence in trying to prevent its dissemination.

Demonstrating that reasonable care was taken implies that the individual or organization engaged in appropriate measures to vet the content before publication, such as fact-checking or confirming the credibility of the source. The defense hinges on the idea that the broadcaster or author was not negligent in their actions and genuinely did not foresee any potential harm stemming from the content. Therefore, if they can show both their exercise of reasonable care and a lack of belief in the defamatory nature of the comments, they can successfully invoke this defense in court.

Other options provided do not capture the essence of the innocent dissemination defense as effectively. For example, having no control over the content published does not negate responsibility if reasonable care was not exercised. Similarly, possessing a legal team is not a requisite for this defense, and proving statements are completely true relates more to a complete defense against defamation rather than the innocent dissemination aspect

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