Date post: | 06-May-2015 |
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Libel 101
A brief introduction
Six elements of libel
• Defamation
Six elements of libel
• Defamation• Identification
Six elements of libel
• Defamation• Identification• Publication
– Libel versus slander
Six elements of libel
• Defamation• Identification• Publication• Falsity
– Seditious libel: “The greater the truth, the greater the libel”
– John Peter Zenger trial, 1735
Six elements of libel
• Defamation• Identification• Publication• Falsity• Injury
Six elements of libel
• Defamation• Identification• Publication• Falsity• Injury• Fault
Times v. Sullivan
• 1964 case involving advertisement on behalf of Martin Luther King Jr.
Times v. Sullivan
• 1964 case involving advertisement on behalf of Martin Luther King Jr.
• Libel suits brought by public officials could stifle free and robust debate of public issues
Times v. Sullivan
• 1964 case involving advertisement on behalf of Martin Luther King Jr.
• Libel suits brought by public officials could stifle free and robust debate of public issues
• For the first time, the courts decide that the media must be at fault — “actual malice”
What is “actual malice”?
• Knowingly false
What is “actual malice”?
• Knowingly false• Reckless disregard for whether something
is true or false
What is “actual malice”?
• Knowingly false• Reckless disregard for whether something
is true or false• This new standard applied to public officials
— later to public figures, too
Fault and private figures
• Libel was previously a “no fault” tort
Fault and private figures
• Libel was previously a “no fault” tort• Supreme Court briefly applied the “actual
malice” standard to private figures
Fault and private figures
• Libel was previously a “no fault” tort• Supreme Court briefly applied the “actual
malice” standard to private figures• Finally arrived at the “negligence” standard
What is negligence?
• Failure to exercise the care that a reasonable person would show in verifying truth
What is negligence?
• Failure to exercise the care that a reasonable person would show in verifying truth
• What about relying on police reports?
Libel defenses
• Truth– Journalism is protected if it is “substantially”
true
Libel defenses
• Truth• “Fair report” privilege
– Public officials’ libelous comments may only be quoted if uttered in a public, official setting
– Knowledge of falsity can negate this defense– Lawsuits and other public documents may be
quoted from without penalty
Libel defenses
• Truth• “Fair report” privilege• Fair comment and criticism
– Does not protect provable assertions of fact• Protected: It is my opinion that Smith is a jerk• Not protected: It is my opinion that Smith is a drug
addict
Libel defenses
• Truth• “Fair report” privilege• Fair comment and criticism• “Wire service” defense
– A news organization can’t be successfully sued for running a libelous wire-service story
– Unless news organization has knowledge that story is false
“Steps for AvoidingLibel Suits” (Bender)
• Fully identify all sources– Complete name with middle initial– Age– Address
“Steps for AvoidingLibel Suits” (Bender)
• Fully identify all sources• Always obtain comment from those who
are attacked or criticized
“Steps for AvoidingLibel Suits” (Bender)
• Fully identify all sources• Always obtain comment from those who
are attacked or criticized• Be thorough in finding sources and
reviewing documents
“Steps for AvoidingLibel Suits” (Bender)
• Fully identify all sources• Always obtain comment from those who
are attacked or criticized• Be thorough in finding sources and
reviewing documents• Be careful with confidential sources
– Try to avoid using them– Never use them to attack someone
“Steps for AvoidingLibel Suits” (Bender)
• Fully identify all sources• Always obtain comment from those who
are attacked or criticized• Be thorough in finding sources and
reviewing documents• Be careful with confidential sources• Don’t rush a non-breaking-news story