Libel and Ethics Review Freedom vs. Responsibility

Define libel: Libel is a written defamation. What is Slander? Slander is spoken defamation.

Define defamation: Defamation is spreading false reports about someone that injures that person’s reputation. Standards of defamation change within the culture or over time.

Who determines when something is libelous? The courts These are civil cases, not criminal cases. Civil cases can result in damages.

List the six conditions for something to be libelous: 1. It must be written 2. It must be read by a third party 3. It must have a specific reference 4. It must be false 5. It must injure someone’s reputation 6. It must be a result of negligence or malice

What is difference between negligence and malice? Negligence is usually the result of carelessness or failure to follow proper procedures. Malice is the intent to do actual harm.

What is the best defense against a libel charge? The truth

What is subject to libel in student publications? Articles Headlines Photo captions Ads Cartoons Senior wills Guest columns, Letters to the editor, Any quotations Basically, everything in your publication is subject to libel laws !

What has the courts ruled about public performances and public figures? Their public performances may be criticized, and this is called Fair Comment. Fair comment must be given without malice and facts used to support opinion must be true. Public figures include entertainers, athletes, and politicians.

List the first five suggestions the Student Press Law Center suggests avoiding a libel suit. 1. Verify and re-verify all facts 2. Avoid personal attacks 3. Always try to find more than one source of information to corroborate damaging information 4. Contact an individual one is writing about to maintain fairness and good sense 5. Seek legal advice when a suit is threatened

What is intrusion? A disturbing of somebody’s peace or privacy by an unwelcome arrival or presence. An invasion of privacy. Intrusion is limits on how a reporter obtains information for a story.

Intrusion scandal rocks Fox A phone-hacking scandal has rocked Rupert Murdoch's business empire, British politicians and police The victims of alleged phone-hacking, some of whom have accepted compensation from News International, include celebrities, politicians, the families of dead troops and people caught up in terrorist attacks and murders. Journalists, with the help of private detective Glenn Mulcaire, intercepted Milly Dowler’s voic in the days after she disappeared in March 2002, even going as far as to delete messages left by distraught friends so that they could listen to more.

What is appropriation? Appropriation is the use of another person’s  name,  photo,  likeness  or endorsement to promote the sale of a product.

Misappropriation? Misappropriation is the term used when someone’s identity, photo, likeness or endorsement has been violated by the unauthorized use of another person.

What is false light? False light means making a person appear to be something that he or she is not. The best current example of false light is the Shirley Sherrod case? What happened to Ms. Sherrod?

What is false light? A video posted by Andrew Breitbart features Ms. Sherrod speech at the March 27 NAACP 20th Annual Freedom Fund Banquet. The clip posted by Mr. Breitbart suggests that Ms. Sherrod, who is an African-American woman, denied assistance to a white farmer who was about to lose his farm. The full version of the video shows that Ms. Sherrod actually helped the farmer save his farm and that Mr. Breitbart’s clip was taken out of context.

What is false light? John Dean, a former White House counsel, told CBS news that First Amendment standards protecting freedom of speech and the press require "extremely high levels of proof and evidence before anyone making a public statement will be held accountable for it." There must clear evidence that Breitbart knew that he was promoting false and malicious information about Sherrod. John Dean, Dean also points out that from a financial damages perspective, Sherrod has not lost her job and has been vindicated via a mass of media attention, apologies from the President on down and a job offer. Dean wrote: With only nominal damages at issue now, no attorney is going to take on this case on a contingency basis; even if a jury (or judge) were to award punitive damages to punish Breitbart, it does not appear he has very deep pockets, and libel-law-related verdicts are often dramatically reduced on appeal. In short, filing the action would not be financially rewarding, and it certainly would be (as with all lawsuits) very expensive, easily costing over a million dollars.

Who are copyright laws designed to protect? Copyright laws are designed to protect the owner of work against its unauthorized use. Examples are plagiarism, using copyrighted characters, using trademarks, or downloading music or images.

What is it called when a newspaper of individual represents another’s work as its own? Plagiarism Plagiarism can be as simple as lifting someone’s else’s quotation. Citing the internet is not always a way of avoiding a plagiarism charge! When in doubt get permission to use someone’s material; even a photograph on the internet—ex. the Enos photo from CMU

According to the textbook what is the simplest reason why newspapers don’t print obscene language? The simplest answer is good taste and sound ethics.

If a newspaper prints a letter to the editor that contains libelous material can the newspaper be held responsible? Yes, because a newspaper is responsible for EVERYTHING that is printed in the paper.

What are the three steps school newspaper editors should do before printing a letter? Insist that letters be signed Verify Authorship Check out all the facts in a letter

What are conflicts of interest? When a reporter may be accused of reporting news unfairly due to some type of relationship

Should a newspaper ever use anonymous sources? Using an anonymous source creates doubt and readers will be suspicious. Increasingly used in stories about sensitive subjects such as substance abuse or sexuality. Sound judgment should be used

What is the difference in reporting someone who is accused of a crime and someone who is convicted of a crime? Until someone is convicted one should be referred to as suspect or accused. Anything that is accused of should be referred to as alleged.

Can a school newspaper use the name of a juvenile who has been arrested or accused of a crime? The legal answer is yes. The ethical answer may not be so clear. Most newspapers try to protect young persons especially if they are first- offenders. Extra Info: Not on the test

A school newspaper may use satire in editorial, but what suggestions does the text offer about how to use it? Use satire to make a clear moral point but handle it responsibly Satire should avoid being sarcastic and malicious Extra Info: Covered in Editorial Chapter