НОВИНАРСКА ПАЖЊА
Journalists’ Duty of Care

Summary/Abstract: The civil accountability of journalists and the media is a significant contemporary issue considering the potential harm from the growing number of disinformation published in the media. The right to seek damages is based on the legal standard governing the journalists’ professional duty of care. However, this legal standard gives rise to a number of issues which have to be resolved both in legal theory and in judicial practice. What does the legal standard of due diligence imply? How can the competent authority established whether a journalist has exercised due professional care and checked the veracity of information? What are the essential elements for determining whether some information is regarded to be complete? What makes the source of information legally relevant and what kind of due diligence is owed when publishing information about another? In this article, the author also explores the following issues: the burden of proof in determining the journalists’ civil liability (culpability), the difference between a negligent and an intentional act of violating the professional duty of care (as a civil segment within media law) and the specific criteria for assessing journalists’ duty of care, particularly given the fact that these criteria are fully recognized in the comparative law but still insufficiently acknowledged in the national legislation. In conclusion, the author provides theoretical commentary on the narrow legal definitions of journalists’ duty of care, unlawful conduct and professional responsibility. Finally, the author makes specific suggestions for prospective changes in the field of media law.

• Details
• Contents