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

“12 Steps for Avoiding Libel Suits” (p. 572) Fully identify all sources Complete name with middle initial Age Address

“12 Steps for Avoiding Libel Suits” (p. 572) Fully identify all sources Always obtain comment from those who are attacked or criticized

“12 Steps for Avoiding Libel Suits” (p. 572) Fully identify all sources Always obtain comment from those who are attacked or criticized Be thorough in finding sources and reviewing documents

“12 Steps for Avoiding Libel Suits” (p. 572) 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

“12 Steps for Avoiding Libel Suits” (p. 572) 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