There is no doubt that using jest as a defence in actual fact it is

There is no doubt that using "jest" as a defence (in actual fact it is a denial of defamatory meaning) is a risky business. There is a considerable burden on the defendant to show that such words could not be taken seriously. The BBC Producers' Guidelines appreciate that "comedy enjoys special licence - and flourishes on departures from the norm in exploiting people's misfortunes. Additionally, the defendant can also rely on "jest" or "vulgar abuse".The intention of the broadcaster of defamatory material is not relevant - it is how the viewer interprets the words.

Of course, there are a whole host of available defences, the most often used of which are justification, fair comment and privilege. They are rich and famous, and criticism is a part of their lives - so long as it does not enter into libellous territory. The Law of Privacy is a hot topic, and with the Human Rights Act expected to come into force next year, those in the public eye should be better protected, and quite rightly.So, when an untrue imputation has been made against the reputation of any claimant in a defamation action, will it lower him in the estimation of right-thinking members of society, cause others to shun and avoid him, or expose him to hatred, contempt or ridicule? These are the general tests, but it is rare that such matters are clear-cut. Occasionally, the safety nets fail and defamatory material slips through.Celebrities, politicians, industrialists (and even corporations) are in the public eye and therefore are seen as fair game. The BBC has a team of programme lawyers, and independent productions must conform to BBC standards. Responsibility for content of an independently produced programme rests with the BBC. As one would expect, television programmes are very carefully "legalled".

The BBC has extensive Producers' Guidelines to help ensure that programmes meet the highest standards. ITC licensees are liable for all material it provides for broadcasting. The 1990 Broadcasting Act states that the ITC has to ensure that nothing in its licensees' programmes offends good taste and decency. Here I intend to focus on defamation, particularly in relation to comedy programmes. Last week I acted for Fatima Whitbread when she successfully sued the BBC for "humorous" but defamatory comments made on the show They Think It's All Over. Regulation of the television industry has developed with the times. There are innumerable sets of guidelines, codes of conduct and procedures to be followed - all designed to ensure that the programme content does not lead to legal action. Commercial television is regulated by the ITC Programme Code.

TELEVISION BROADCASTING is proliferating at an enormous rate and producers and broadcasters have to tread increasingly carefully so as not to offend the viewing public. a really emotionally fulfiling evening," Lyn Gardner, The Guardian.Where You Can See ItJane Eyre, New Ambassadors, West St, London WC2 (0171-836 6111) to 23 Dec. A charred and battered stairway leading up to a jagged platform, it somehow captures the brooding, compulsive atmosphere of Bronte's story before anyone has set foot on stage," Nick Curtis, Evening Standard."Shared Experience's adaptation gets to the psychological heart of Charlotte Bronte's novel... After nearly three hours of transfixing theatre, it guarantees that rereading the novel will be a let-down," Maeve Walsh, The Independent on Sunday."This is a faithful, psychologically incisive and sexy take on a classic novel, but it probably wouldn't work half so well without Warmington's set.