JMSC 6022 Media Law

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JMSC 6022 Media Law
Journalism and Media Studies CentreThe
University of Hong Kong
Cheung Ng Sheong Steven v. Eastweek Publisher
Ltd.
by Elsa Cheng Wing Lam
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Background Information

• Cheung Ng Sheong, Steven
• Head of the School of Economics Finance
• of the University of Hong Kong
• - a well-known distinguished economist

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Eastweek Magazine - A weekly magazine covered
current affairs and other business that the
public may be interested - Large circulation
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Background of the Article
- Cheungs elder brother distributed
pamphlets in HKU which containing the
information on disputes within Cheungs
family.
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The Article

• Published in Eastweek on 4 February 1993 (800
  words)
• Cheung Ng Sheong Silence is Golden

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(No Transcript)
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• Cheung skipped lessons refused to having
  group photos with students
• Stated that Cheung used silence
  disappearance to counteract such gossips

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• Charges in First Instance
• - Steven Cheung sued Eastweek for libel because
  in their natural ordinary meaning the said
  words meant were understood

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• The plaintiff failed to give lectures to his
  students
• The plaintiff refused to take group photos within
  his students and
• The plaintiff failed and / or refused to carry
  out or discharge his professional duties as a
  professor
• The plaintiff has been seriously injured in
  reputation he suffered loss and damage

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The Trial in First Instance

• The first jury trial of libel case in the past 80
  years
• The jury found that the libel had been committed
• The jury awarded a sum of 2.4million as damages

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The Response of Eastweek

• Admitted liability
• But appealed to the Court of Appeal for the
  excessive award

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Discussion

• Was the award excessive?

• YES !

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Three Types of Damages

• General Damages
• to give monetary compensation for the loss in
  reputation

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• Special Damages
• to give monetary compensation for the actual
  economic loss of the plaintiff

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• Punitive Damages
• must prove that the defendant has maliciously
  published any defamatory libel
• it is the burden of the plaintiff that the
  defendant is malice

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• Example of punitive damages
• Oriental Press Group V HK Daily
• News
• - 100k was awarded to OPG though its loss was
  not serious. The punitive damage was awarded
  because of the poor manner of HK Daily News
• (1995-1997)

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Mitigating Factors
The defendant made or offered an apology to the
plaintiff for such defamation before the
commencement of the action, or asap as he had an
opportunity of doing so in case the action has
been commenced before there was an opportunity of
making or offering such apology
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The defendant can use it as a ground of defense
and can use it as an evidence to reduce the damage
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Correction Matters!
- Eastweek published a correction two
weeks later - A student of Cheung wrote to
Eastweek with a group photo with Cheung and said
that Cheung had never skipped lesson
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(No Transcript)
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The Award was Excessive

• the nature of the statement is not malice
• should not impose punitive damage
• Eastweek made corrections in two weeks time
• The damages award should have been compensatory
  and designed to assuage the respondents hurt
  feelings and loss of dignity

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Will Excessive Affect Freedom of Expression?

• Newspapers will avoid to criticize because they
  are afraid to be sued
• A lot of libel cases may be found and people will
  be very careful when commenting others

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Standard for Intervention by the Court on Jury
Award

• Cheungs case was a jury award. Eastweek appealed
  to the Court of Appeal Eastweek admitted
  liability but disagreed with the award amount

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• The Court of Appeals scope for intervention was
  limited
• The Court has no power, unless the parties
  agreed, to substitute its own assessment of
  damages
• If it found the award excessive, it could set
  aside the jurys award of damages and order a new
  trial on damages only

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Supplementary Information

• Civil or Criminal cases?
• HK Mainland China most libel cases are civil
  cases
• Taiwan can be criminal cases
• e.g. Taiwan President Chen Shui-bian was
  sentenced to eight months in prison for libel
  when he was the editor of a magazine in 1986.

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Burden of Proof

• HK Taiwan Defendant
• Mainland China Respondent

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Can the Death be Slandered in Law ?

• HK Taiwan Cannot
• Mainland China people can sue if they think
  their ancestors reputation was being injured
• The effectiveness can be extended to three
  generations

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Thank You