Journalist Attempts To Silence Criticism Of Her Ethics By Brandishing The Club Of UK Defamation Laws

from the journalism dept

Defamation is only supposed to apply to cases where there's a factually false statement made about someone. It shouldn't apply to cases where the facts are accurate, or the statements are opinions. But while the US's defamation laws generally deal pretty well with this, it's not as clear elsewhere. The UK, unfortunately, is somewhat famous for its bad defamation laws, where the burden is generally on the accused to prove they didn't defame someone -- which can be an expensive process. Over the past week or so, video gaming journalists and industry watchers have been dealing with a bit of controversy. Eurogamer columnist Rab Florence wrote a column questioning the close relationship between some gaming journalists and the companies they cover, where it sometimes seems like the journalists are pitch people, rather than objective journalists. This is not a new concern, especially in video game journalism, where such accusations tend to show up pretty regularly (sometimes more accurately than others).

While a lot of the controversy is over those accusations, that's not the really controversial thing that happened. That's because part of Florence's article quoted some tweets from Lauren Wainwright, who worked for another publication, and then pointed out that the tweets at least raised concerns in his mind. Here's what he wrote:
One games journalist, Lauren Wainwright, tweeted: “Urm… Trion were giving away PS3s to journalists at the GMAs. Not sure why that’s a bad thing?”

Now, a few tweets earlier, she also tweeted this: “Lara header, two TR pix in the gallery and a very subtle TR background. #obsessed @tombraider pic.twitter.com/VOWDSavZ”

And instantly I am suspicious. I am suspicious of this journalist’s apparent love for Tomb Raider. I am asking myself whether she’s in the pocket of the Tomb Raider PR team. I’m sure she isn’t, but the doubt is there. After all, she sees nothing wrong with journalists promoting a game to win a PS3, right?

Another journalist, one of the winners of the PS3 competition, tweeted this at disgusted RPS writer John Walker: “It was a hashtag, not an advert. Get off the pedestal.” Now, this was Dave Cook, a guy I’ve met before. A good guy, as far as I could tell. But I don’t believe for one second that Dave doesn’t understand that in this time of social media madness a hashtag is just as powerful as an advert. Either he’s on the defensive or he doesn’t get what being a journalist is actually about.
Now, I actually have gone an extra paragraph past the stuff just about Wainwright, in part because the four paragraphs above no longer appear in the article. Why? Well, according to Eurogamer, it edited out those paragraphs after legal threats from Wainwright.
The first is that a lot of people want to know more about why I made the changes and issued an apology. The answer is that Lauren Wainwright threatened us with legal action and made it clear she would not back down, at which point we took legal advice and ultimately made the decision to remove the paragraphs. It was not a decision that I took lightly. One objection to this action that I've read online is that there was no libel. All I can really say is that the advice we received meant that removing the offending text and apologising to Lauren was the right course of action to take. We also considered the fact that the article wasn't really about her but about all of us, and I felt that the edited version did not change Rab's meaning.
Of course, as we all know, all this has really done is call a hell of a lot more attention to what she said and did, including further accusations coming out later about some of her actions, as well as many more people reading the paragraphs she threatened over.

It's entirely possible that Eurogamer removed the content because of the cost that would be involved in fighting off a lawsuit, but it is a big issue to see a journalist threaten another publication over quoting her and expressing an opinion. Wainwright could have merely responded to the questions directly -- but going so far as to threaten litigation is ridiculous and deserves to be called out. In fact, as Erik Kain at Forbes points out in the link above, it's not just ridiculous, it's hypocritical, since Wainwright herself has a history of quoting others' tweets and then adding commentary.

What it highlights is that she apparently didn't like Florence's opinion, which is clearly stated as his opinion. He worries about even the appearance of possible bias, which is a reasonable position to take. But rather than leading to an interesting discussion about bias and journalism, it instead went into this ridiculous detour about defamation law and censorship over criticism.


Reader Comments (rss)

(Flattened / Threaded)

  1.  
    icon
    Ninja (profile), Nov 1st, 2012 @ 11:00am

    I swear it's stronger than me..

    troll
    WHAT ABOUT YOUR CORPORATE MASTERS MIKE? Talk about a Google shill.
    /troll

    We were just talking about this but you see, it's inevitable!

    Ahem. On topic. Streisand sings. One way to make people automatically assume what the journalist wrote is true is to sue. A better course of action would be to issue an official note addressing his worries, being open about the association and explaining how it doesn't make her biased in anyway. Problem solved, no damages.

     

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  2.  
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    Anonymous Coward, Nov 1st, 2012 @ 12:02pm

    Misuse of law

    So the UK defamation lawsa are like the US Patent laws, the accused have to prove their innocence.

     

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  3.  
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    Atkray (profile), Nov 1st, 2012 @ 12:03pm

    Re:

    No chance of that.

    "The answer is that Lauren Wainwright threatened us with legal action and made it clear she would not back down"

    Lauren Wainwright appears to be Charles Carreon's long lost sister.

     

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  4.  
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    Scote, Nov 1st, 2012 @ 12:07pm

    Not actually true

    "Defamation is only supposed to apply to cases where there's a factually false statement made about someone."


    No, that isn't actually the history of defamation laws. Historically defamation law was about *defamation* not whether the defamation was true or not. Many venues and laws have the **added** restriction that it is ok to defame someone if the defamation is true, but that is not true of all venues.

    The problem is your equivocation on "supposed to". That truth is a defense against defamation laws isn't a universal fact, nor is it "suppose to" in those venues. It is your opinion, and mine, that defamation law should allow facts to be legally disseminated even if they are defamatory, and that in many venues the law is "supposed to" work that way.

     

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  5.  
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    Lord Binky, Nov 1st, 2012 @ 12:12pm

    In a carefully executed plan to bring more attention to the original opinion that Lauren Wainwright's actions allow for suspicion over her opinions and that she finds the concern over the 'prizes' she won is necessary to hide, the editor acquiesced to her threats of legal recourse and apologized. All of which does not make her look less suspicious....

     

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  6.  
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    Lowestofthekeys (profile), Nov 1st, 2012 @ 12:21pm

    That linked article brings out an interesting tidbit about Wainwright, which kind of only adds ruin to her already tarnished rep.

    She claims she never "reviewed" products for Square Enix (despite consulting for them), yet they link numerous articles written by her calling Square's take on Tomb Raider "fresh" and "innovative" and commenting on how "fantastic" they look. What irks me about these kind of "preview" articles is that they seem to cultivate hype in people. For example, I've seen IGN preview a number of titles commenting on how exciting and good they look only later to give the game a depressing review.

    That kind of journalism smacks of subtle bias to me.

     

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  7.  
    identicon
    Anonymous Coward, Nov 1st, 2012 @ 12:34pm

    Re:

    I keep trying to point this out to people. She's a hypocrite and a liar as well as a bully and a coward:

    She's a hypocrite for threatening to sue over someone copying a public tweet, which she has done on her blog

    She's a liar for claiming never to have reviewed a Square Enix product when having done so - many times, and always with strangely glowing reviews, and she's a bully for trying to shut down legitimate comment on her questionable actions Via legal threats.

    She's a coward for trying to scrub traces of her Square Enix employment from her various online profiles and protecting her feed so people cant see her bullshit (although that could be seen as a good thing, on reflection)

    How she has any form of credibility left is beyond me. I genuinely hope her career is wrecked by this (and yes, I know she's 25, and having a career ruined so young is a harsh thing, but I do believe she's worked hard to earn that wreck.

     

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  8.  
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    No?, Nov 1st, 2012 @ 12:35pm

    Re: Not actually true

     

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  9.  
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    Anonymous Coward, Nov 1st, 2012 @ 12:37pm

    You need look no further than polygon for games press corruption. Financed by Microsoft for $750,000 yep we can trust those game journalists.

     

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  10. This comment has been flagged by the community. Click here to show it
     
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    out_of_the_blue, Nov 1st, 2012 @ 12:56pm

    The cut-throat, vital field of "video game journalism".

    This is a) at best, triviality in a trivial field, b) possibly an attempt to gin up interest with a contrived spat.

    Believe none of what you read, and these days, always look for how grifters might use publicity to direct income their way.

     

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  11.  
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    Anonymous Coward, Nov 1st, 2012 @ 1:08pm

    It's my opinion that Lauren Wainwright is an insufferable cunt. I wouldn't be the least bit surprised to find out that she killed puppies while taking bribes to say she likes Tomb Raider.

     

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  12.  
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    Grover (profile), Nov 1st, 2012 @ 1:26pm

    Re:

    To be civil, it's pronounced 'coont'.

     

    reply to this | link to this | view in thread ]

  13.  
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    John Fenderson (profile), Nov 1st, 2012 @ 1:31pm

    Re: Not actually true

    Historically defamation law was about *defamation* not whether the defamation was true or not.


    Perhaps, I don't know the history. However, I would argue that if a claim is true, then stating that claim publicly is not defamation at all -- the defamation was in the actions of the person in the first place, not the ones saying "look at that, will ya?"

    But, in the US, this is a classic example of balancing rights. Why should my right to free speech be violated when I am speaking truth?

     

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  14.  
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    Scote, Nov 1st, 2012 @ 1:35pm

    I do think truth should be a valid defense against libel and slander claims.

    Part of the problem in this discussion is the conflation of "defamation" with defamation law, specifically libel and slander law in the US and the UK.

    "defame |dəˈfeɪm| |diˈfeɪm|
    verb [ trans. ]
    damage the good reputation of (someone); "


    To defame someone is to hurt their reputation--regardless of whether the claim is true or false. It is defamation. The question is whether defamation based on truth should be legally *actionable*, not whether it is defamation.

     

    reply to this | link to this | view in thread ]

  15. This comment has been flagged by the community. Click here to show it
     
    identicon
    Mysoginist, Nov 1st, 2012 @ 1:36pm

    Who in their right mind would take gaming advice from a chick anyway? If I want to know how much fun Farmville is I'd ask my girlfriend

     

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  16.  
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    Anonymous Coward, Nov 1st, 2012 @ 1:45pm

    Re:

    Why Do you think she needed the PS3?

     

    reply to this | link to this | view in thread ]

  17.  
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    The eejit (profile), Nov 1st, 2012 @ 2:07pm

    Re: Misuse of law

    Not at all. However, they still haven't quite caught up with "on the Internet", in a similar way to US patent laws.

     

    reply to this | link to this | view in thread ]

  18.  
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    Anonymous Coward, Nov 1st, 2012 @ 6:46pm

    Bend over, Lauren, you're about to get tweeted. I SAID BEND OVER, WHORE!

     

    reply to this | link to this | view in thread ]

  19.  
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    out_of_the_clues, Nov 2nd, 2012 @ 9:44am

    Re: The cut-throat, vital field of "video game journalism".

    That's okay, none of us believe anything you write, anyways.

     

    reply to this | link to this | view in thread ]

  20.  
    icon
    feda (profile), Nov 2nd, 2012 @ 11:29am

    Re: The cut-throat, vital field of "video game journalism".

    You must lead a very sad and depressing life. I pity you. I hope things start looking up for you some day.

     

    reply to this | link to this | view in thread ]

  21.  
    identicon
    Anonymous Coward, Nov 2nd, 2012 @ 11:47am

    Re:

    Don't be that guy. So she's a girl and she's embroiled in some controversy that's not at all related to her gender. Why use that as an excuse to make sexist remarks?

     

    reply to this | link to this | view in thread ]

  22.  
    identicon
    Chocolate Chip Charlie, Sep 12th, 2013 @ 8:00pm

    Re: To be civil, it's pronounced 'coont'.

    I'm a 'coont', she's a 'coont', we're 'coonts', wouldn't you like to be a 'coont' too?

     

    reply to this | link to this | view in thread ]


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