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Deterring wrongdoing
27/05/2003 The Star Articles of Law with Bhag Singh
We live in a society where each individual
is extensively dependent on others and has to deal with many other people to
fulfil and meet a variety of daily needs, be it goods, services or other personal
requirements.
In the process of doing so, an individual
may experience a number of dissatisfactions and frustrations. The most direct
form of action would be to report the delinquent person to the authorities or
take legal action to assert one's right.
Such options are not always available
to the individual, however. When a report is made to the authorities, it may
be felt that it does not warranty action by reason of its very nature. Inaction
by the authorities might also be due to their limitations or priorities, given
the resources available to them.
Instituting legal action can be costly
in terms of effort, money and time. In some cases, the gravity and nature of
the grievance may not justify the taking of such action. This is where aggrieved
individuals turn to various other bodies or organisations to have their dissatisfaction
or unhappiness addressed.
There have also been instances whereby
complaints published in newspapers have helped the aggrieved parties. Problems
highlighted this way have also assisted others in avoiding similar situations
or solving their quandary.
However, one reader who wrote in
to a newspaper complaining about how he had been cheated, never had his letter
published.
It is highly commendable that although
a newspaper h as no legal duty or obligation to publish such a letter, many
newspapers do so, hence helping many aggrieved parties.
It's important to note though that
in publishing grievances, a newspaper assumes and undertakes considerable risks.
This is because the complaint will likely contain accusations of deception or
incompetence.
Apart from that, many people who
write in letters of complaints may be somewhat emotional. As a result, there
may be a tendency to exaggerate what happened or for a one-sided or unbalanced
view to be presented.
Derogatory statements that are published
are capable of being defamatory of the establishment or causing damage to the
business.
When this happens, the party against
whom the accusations are directed will resent the publication. The situation
becomes more serious when the allegations are entirely false or are exaggerated.
But what is the allegations are true?
While the law permits the publication of subject matter that is factually true,
the law prohibits the publication of false material that's published maliciously.
Thus, if a newspaper publishes a letter which contains accusations against another
which are false and contain defamatory imputations and the establishment suffers
damage, the newspaper would be held liable for publishing matter that is defamatory
or what amounts to slander of goods or malicious falsehood.
If a wrongdoing is not published,
the general public would be kept in the dark, much to the detriment of the entire
community.
It is in the interest of the community
for wrongdoings to be highlighted. While this is so, it pre-supposes that any
allegation or complaint is true.
In addition, the participation of
the community is needed; a complaint cannot be made the responsibility of one
specific organisation.
But in order for newspapers to play
their role effectively, the cooperation of the people who sent in the letters
is needed. In addition, a complaint has to be bona fide.
Where a person has been cheated and
wishes the newspaper to highlight what has happened, he must be willing to come
forward to stand by what he has said. Then if the newspaper is sued, it can
defend itself by saying that what is has published is true.
For this, the complainant has to
act as a witness as he will be able to narrate what transpired to confirm what
was published.
It is in this way that the public
interest is served by those who make accusations, thereby creating a deterrent
to possible wrongdoings.
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