Were the media wrong to settle defamation actions out of court?

[Mr Gray]

The papers didn't have the benefit of the files when they decided to settle out of court but they certainly have them now.  I would imagine they are awaiting their opportunity to pounce.

What difference do the files make... Do you not understand the papers have to be able to prove their accusations are true... They cant

[Alice Purjorick]

I understand that but....the suggestion that a judge in this type of situaion would bock payment of a settlement is ridiculous...would you not agree..the mccanns would not be disputing the amount...they would be disputing that nothing was being paid

I don't know what the full powers of the judge are in an instance like this.
A settlement is essentially a legally enforceable contract between the plaintiff and defendant so the court will have some powers over it........it would seem odd they could stop the payment.

[slartibartfast]

What difference do the files make... Do you not understand the papers have to be able to prove their accusations are true... They cant

Not quite true. They have to be able to demonstrate that opinions they publish have a basis in fact and that they are not being malicious.

[Mr Gray]

Not quite true. They have to be able to demonstrate that opinions they publish have a basis in fact and that they are not being malicious.

And t hey cannot show the allegations have a basis in fact

What are these facts

[Robittybob1]

And t hey cannot show the allegations have a basis in fact

In your opinion.

[Mr Gray]

In your opinion.

There are no facts which support criminal involvement of the parents... If you believe  there are then list them

[Robittybob1]

There are no facts which support cr iminal involvement of the parents

The papers would not need to show that.

[Mr Gray]

The papers would not need to show that.

They would... They would need to show on what facts their opinions were based

[Angelo222]

They would... They would need to show on what facts their opinions were based

That is where the files come in.  I think it's called reasonable suspicion?

[slartibartfast]

That is where the files come in.  I think it's called reasonable suspicion?

Honest opinion.

[Brietta]

That is where the files come in.  I think it's called reasonable suspicion?

As bona fide journalists they were entitled to request and receive their own copy of the DVD containing a copy of the files which was distributed to interested parties.

I have no doubt they did that.
I have no doubt they had them translated.
I have no doubt they read them.

It is therefore interesting to note that not one of the publications sued nor those not sued have reiterated a syllable of the calumnies for which they had to pay libel damages.
In my opinion what they read in the files confirmed that they were wrong and had indeed libelled the McCanns and their friends and have been well careful not to repeat their error.

[John]

As bona fide journalists they were entitled to request and receive their own copy of the DVD containing a copy of the files which was distributed to interested parties.

I have no doubt they did that.
I have no doubt they had them translated.
I have no doubt they read them.

It is therefore interesting to note that not one of the publications sued nor those not sued have reiterated a syllable of the calumnies for which they had to pay libel damages.
In my opinion what they read in the files confirmed that they were wrong and had indeed libelled the McCanns and their friends and have been well careful not to repeat their error.

I find that very difficult to believe without knowing the truth behind Madeleine's disappearance.  Parental involvement or non involvement has still not been established so the question of libel is still wide open IMHO.

[Brietta]

I find that very difficult to believe without knowing the truth behind Madeleine's disappearance.  Parental involvement or non involvement has still not been established so the question of libel is still wide open IMHO.

I really don't think so John.
I think the clincher on that is the section in the files on the forensic results.  I'm sure once they had checked that out, it was realised there was nothing to support the headlines ...for example, there never was any 100 per cent match with Madeleine's DNA.

[Mr Gray]

Do read the post again Dave.  I merely pointed out that Madeleine's fate is as yet unresolved. The Portuguese Supreme Court went to great pains to clarify that particular point.

We don't need the SC to tell us Madeleines fate is unresolved... But to accuse her parents of complicity is libellous in the UK and the ECHR may well decide it islibellous in Portugal too

[Robittybob1]

We don't need the SC to tell us Madeleines fate is unresolved... But to accuse her parents of complicity is libellous in the UK and the ECHR may well decide it islibellous in Portugal too

Undecided as yet.