Libel Different types, how to avoid it This is how you keep your job

What it is Libel occurs when a false and defamatory statement about an identifiable person is published to a third party, causing injury to the subject's reputation. A libelous statement can be the basis of a civil lawsuit brought by the person or group allegedly defamed or, in rare cases, a criminal prosecution.

Defamatory Communication A defamatory communication is one that exposes a person to hatred, ridicule, or contempt, lowers him in the esteem of his fellows, causes him to be shunned, or injures him in his business or calling. A headline, cutline, or photo can also be defamatory.

Publication Publication occurs when information is negligently or intentionally communicated by newspapers, magazines, books, radio or television broadcasts to someone other than the person defamed. Service providers, however, are not responsible for libelous information posted by their customers unless they exercise editorial control over it. The media can be liable for the republication of a libelous statement made by another person or entity. 4

Falsity It often has been said that truth is an absolute defense to libel. Private individuals suing for libel also must prove the statement was false if it involved a matter of public concern.

Identification Plaintiffs must prove that the alleged defamatory publication refers to them. Governmental entities cannot bring libel claims, nor can members of large groups (usually 25 or more).

Harm The heart of a libel suit is the claim that the plaintiff's reputation was injured – and that person has to prove it.

Fault All plaintiffs must demonstrate that the news organization was at fault in some way. Public officials and public figures are required to show the highest degree of fault. Celebrities and others with power in a community usually are considered public figures. The Court also said that while failure to investigate facts does not necessarily prove actual malice, a "purposeful avoidance of the truth" may.

Defenses Truth – obvious Fair report – libelous statements made by others in certain settings, if made in good faith, are allowed. Neutral report - statements made by one public figure about another public figure are allowed if the paper is not biased. Opinion is still protected speech under the First Amendment. Consent. If a person gives permission for the publication of the information, that person cannot later sue for libel. The statute of limitations for bringing libel suits varies from state to state. Generally the time limit for filing a libel lawsuit starts at the time of the first publication of the alleged defamation. A retraction is not usually considered an absolute defense to a libel claim, it may reduce the damages a defendant must pay if found liable for defamation

Product libel Journalists who write about consumer products should be aware that their reports may be subject to product disparagement laws.

Emotional distress Individuals sometimes sue the news media for emotional distress caused by the publication of embarrassing, truthful facts.