What can I do if the media reports my spent conviction?If details of your spent record are reported in the media, you could try contacting the organisation/publication and ask them to remove reference to it as it has now been ‘wiped out by law’ – whilst this term isn’t technically accurate, for the purposes of ‘reporting’, it should have the desired effect.
If your conviction is recorded online, you will need to ask the organisation on whose website it appears both to remove it and to advise Google that any cached references need to be removed.
Suing a media organisation for defamation
If your request for the removal of a record of a spent conviction is not followed, you could inform the organisation that you consider the continued publication of the conviction as ‘malicious’ and commence legal proceedings against them. You are entitled to make a claim for defamation against a media organisation that reports your spent conviction. If proven, you would win the libel case and be paid damages for the effect that the reference to this conviction has had on your reputation. Sometimes, the threat alone is enough for them to act.
If you were to make such a claim, the organisation would, however, have various defences open to it, including:
- The defence of justification. This allows the media to report things that can be shown to be true without fear of legal action. However, this defence fails if you can show that your conviction is spent and that the arguments about malicious intentions apply since this would mean that there was no public interest in referring to the conviction.
- The defence of fair comment. This allows opinions about public figures relating to a conviction they have (even if it spent) to be published, if they are honestly held opinions and can be shown to be in the public interest. This defence works on the assumption that the actions of those in public positions (e.g. politicians) are open to public scrutiny.
- The defence of privilege argues that the public interest in freedom of speech outweighs the rights of the individual making the claim for defamation. Qualified privilege can be used by the media to enable them to make fair and accurate reports of a conviction, or to quote words from a case.
However, any of these defences can be rebutted if it is proven that there was no public interest in reporting this material or that the statement was reported with malice. Malice is defined in law as ‘published with an irrelevant, spiteful or improper motive’ (Herbage v Pressdram 1984). The burden of proving malice in such a case would rest on you, and is very difficult to do so in practice.
Someone correct me if I'm wrong as it's early and I'm not totally awake, but reading the above from @Silverdogblue link it seems that it can be reported if there is provable public interest (a few million views of an article would surely class as public interest?) And it's not done out of spite or malice.
Luckily it's on the person who thinks they have been defamed to prove malice was the reason for publication.