Terms of Reference for Research Template | Defamation

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The Terms of Reference for Research Template should be used in conjunction with the Writing Terms of Reference for Research guidelines. Using these the researcher will be able to produce a Terms of Reference that is comprehensive and effective.
  Terms of Reference for Research [T ITLE   OF  R ESEARCH ] [date and draft no.][drafted by]   1. BAC!RO #$ A#$ RATIO#ALE%. A $IE#CE A#$ SE OF FI#$I#!S&. RESEARCH OB'ECTI(ES). RESEARCH * ESTIO#S 123456 +. S !!ESTE$ RESEARCH ,ETHO$S 12 34 -. ETHICS A#$ RISS  . E/ SO RCES A#$ 0EO0LE TO BE CO#S LTE$. ST/LE A#$ LE#!TH OF RE0ORT 2 RESEARCH 0RO$ CTS3 [*edit as appropriate] 4. TI,ETABLE O T0 TS$ATE $ EFOR,AT 15. RESEARCH ,A#A!E,E#T11. * ALIFICATIO#S A#$ E60ERIE#CE RE* IRE$  1%. A(OI$I#! LIBEL I# RESEARCH7 O6FA, ! I$ELI#ES British organizations are answerable in law courts in the U and o!erseas or libel in research #aterials that are published$ ã in the U% ã in other countries% ã on the &nternet.'hese guidelines contain rele!ant in or#ation and research standards which all researchers should co#pl( with in order to #anage ris). 8hat 9s :9be:; 'he publication o an( state#ent that har#s the reputation o another. 8ho can c:a9m for :9be:;  n( co#pan( or indi!idual. &n the U+ go!ern#ents cannot clai# or libel+ though indi!iduals within   go!ern#ent can. &n so#e countries the rules are wider and libel is used aggressi!el( b( go!ern#ents to silence opposition. ,- a# polic( is that allegations that can i#pact on sta securit( need to be cleared with the &nternational progra##e. 8hat defences are there; 'he truth o the allegation is a de ence+ but onl( i it can be pro!ed. 'he below e-plains the )ind o proo that would be needed. 'here #a( also be a de ence o pri!ilege/+ e!en i we cannot pro!e the allegation+ but in order to succeed in this de ence we need to show we ha!e e-ercised due diligence. 'he below also sets out what due diligence researchers are re0uired to ta)e. 8hat e<9dence 9s re=>9red; 'he e!idence re0uired !aries depending on whether$ 1?The 9nformat9on 9s @r9mary research + i.e. the allegation is being directl( #ade based on its own in or#ation+ in which case (ou #ust hold the e!idence% or  %?The 9nformat9on comes from secondary so>rces + i.e. the allegation is based on another organisation/s research+ e.g. a newspaper+ in which case (ou need to be able to de#onstrate that all reasonable e orts to establish the truth o the allegation ha!e been #ade. 1? 0r9mary research esearchers #ust where!er possible pro!ide e!idence that could be relied upon in court. & that is not possible+ the( should indicate wh( it is not possible and what e orts ha!e been #ade. or e-a#ple$ $oc>ments here possible+ docu#ents or copies o docu#ents should be pro!ided+ together with the research report that the( support. or e-a#ple+ i (ou allege that an ar#s dealer has lown a ship#ent o goodsto an e#bargoed destination+ do (ou ha!e a cop( o the light docu#ents ,r+ i we ha!e a cop( o a a- gi!ing in or#ation+ can we identi ( who has sent it  Inter<9es & the allegation has co#e out o in or#ation gi!en in an inter!iew+ the researcher #ust pro!ide either the srcinal inter!iew notes+ or a cop( o these+ or a note o the inter!iew #ade as soon as possible a ter the e!ent. 'he notes #ust be dated and signed b( the inter!iewer. se of secondary so>rces here the researcher relies on secondar( sources+ whether newspaper articles+ published or unpublished wor)s+ or docu#ent ound on the &nternet+ the researcher #ust pro!ide su icient details o the secondar( source to enable ,- a# to obtain a cop(. &n the case o a published boo)+ this should include the na#e o the author and publisher+ and i possible the &B nu#ber. &n the case o a #agazine article+ the sa#e in or#ation is re0uired but with an & nu#ber. &n the case o an unpublished wor)+ the researcher #ust either pro!ide a cop( o the wor) 7this is pre erable8 or the #eans b( which ,- a# can obtain one. Internet so>rces here the source is on the &nternet+ the researcher #ust pro!ide a cop( o the downloaded page+ which #ust be dated. 'his is particularl( i#portant as web pages can be ta)en down easil( and without notice. A::eat9ons of cr9m9na: offences & the researcher has included in or#ation in their report that a cri#inal o ence has been co##itted+ (ou should draw it to the pro9ect #anager/s attention. &n so#e cases (ou or (our organization #a( choose to re er the issue to the rele!ant authorities+ e.g. #one( laundering+ or breach o :usto#s ; <-cise rules. & (ou are going to use the allegation in a publication+ e!idence is particularl( i#portant. #ames of com@an9es hen a co#pan( is na#ed in a report+ pro!ide details o the co#pan(/s ull na#e and registration where possible+ so that the wrong co#pan( is not identi ( b( #ista)e. ,n one occasion the publication o a report was halted because the wrong initials had been used to identi ( a co#pan(+ and another co#pan( with the sa#e initials clai#ed that its reputation su ered b( the alse re erence. %? Secondary so>rces &n order to obtain the pri!ilege de ence+ ,- a# needs e!idence o the due diligence o the researcher in chec)ing the secondar( sources. ccordingl($ 1. here the source is #ore than one (ear old+ the researcher #ust chec) whether the in or#ation is still !alid+ and con ir# this has been done% %. here the source is a newspaper article+ the researcher should e#ail or telephone the newspaper to chec) whether the sub9ect #ade an( co#plaint and+ i so+ whether the newspaper published a retraction or correction. 'he researcher #ust pro!ide a cop( o an( such e-change with the newspaper and+ i it is in a telephone call+ a dated and signed note o the con!ersation. 'hese steps are essential to obtain the pri!ilege de ence. =owe!er+ i the allegation has been repeated in se!eral national newspapers+ and is an undisputed #atter o public record+ this is not re0uired. #ames of 9nd9<9d>a:s & an indi!idual is identi ied+ urther identi (ing in or#ation should be gi!en where possible+ e.g. address+ occupation+ wor)place. h( Because in one o the #ost a#ous libel cases a newspaper reported the na#e o a #an 9ailed or biga#(. Un ortunatel(+ there were two #en with the sa#e na#e li!ing in the sa#e town. 'he innocent one won libel da#ages against the newspaper. F>rther ad<9ce & (ou ha!e concerns or 0ueries about a!oiding libel or a potentiall( libellous allegation in ,- a#/s research+ please contact research>o- a#.org.u)  or urther ad!ice.
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