Exocet
Monday 2nd February 2009 4:36am [Edited]
6 posts
You can libel someone with a joke (that you think it is funny is no reason that it won't damage the claimant's reputation).
If a person writes a script that contains untrue statements that harm another's reputation in the eyes of others, then passes it on to a third party, that is libel. That a director might incur liability for defamation as well does not obliterate your original liability: as the author you would be strictly liable.
You don't need to name someone to defame them – if it is clear to whom you are alluding (as it is in your opening post) that can easily constitute libel too – and as the internet has a much wider audience than New Revue I'd say you've already taken the bigger gamble by starting this thread than you would by putting pen to paper. And as the meaning is clearly meant to be harmful to his reputation (you pretty much explicitly say so) I'm afraid Geoff's defence will be of little help to you in court.
However, I would imagine it is extremely unlikely Lord Mandelson would be looking to sue: firstly I understand his job is keeping him quite occupied at the moment, secondly I think in context the joke probably won't do his reputation that much harm (devastatingly well-written though I'm sure it will be), thirdly it would just be unwise of him on the basis that the ensuing publicity of bringing the case would only increase the attention given to your joke (by a factor of thousands) and even if he were to take you on and win his damages would be so minute that his costs would dwarf them and his victory would be rather pyrrhic.