1. Legal & Ethical Issues in News

2. Anyone can sue...
Tort -- a wrong other than breach of contract for which an injured party is able to bring a lawsuit against the person who injured him/her
Civil Law vs. criminal law
Time & Money
Lose Case, Win Appeal

3. Lawsuit process Complaint and response Must respond
Deny everything, move to dismiss
Discovery (interrogatories, depositions)
Set trial date / settle out of court
Trial (which court jurisdiction?)
Appeal

4. LIBEL
Libel = false report that damages the reputation of an individual
Elements needed to prove libel:
False, presented as fact
Publication
Identification
Defamation (reputation, not character)
Fault
Negligence
Actual Malice

5. LIBEL
Defenses against Libel
Truth
Privilege
Fair Comment

6. LIBEL on the Internet Two main issues:
Who is responsible for the libel?
Courts have ruled that Content Providers (such as a news web site) are responsible for libel, not Common Carriers (such as Internet Providers like AOL and MSN)
What jurisdiction applies?
Courts have been inconsistent on whether libel laws apply from state where libel originates or state where most viewers impacted

7. PRIVACY Invasion of Privacy - 4 types: False Light
Publishing private facts
Appropriation
Intrusion

8. Access to information Free Press-Fair Trial Shield Laws
Balance between news coverage hype and a fair trial in the courtroom
Cameras in the courtroom introduced in 1965; two-thirds of states allowed by 1991
Presumptively open
Shield Laws
State laws that protect reporters from naming anonymous sources for police investigations
Freedom of information
State and federal laws give citizens and journalists the right to view government documents
Open meetings
U.S. Patriot Act 2001 has taken away access rights to many federal, state documents
HIPPA 1996 has complicated access to health information that is generally public

9. Access to information Anti-SLAPP legislation Limited Invitation
Apparent Authority
Trespass
Police orders
Public vs. private property
Designated Public Forum
Inaccessible public property
Private property

10. Copyright Copyright Act of 1976 Who owns a copyright?
For all works created before 1978, copyright protection is 95 years from date of creation
For works created Jan. 1, 1978, and later, copyright protection is life of the author plus 70 years
Who owns a copyright?
News organizations own all produced material
Identified by , “copyrighted,” year and owner’s name
Fair Use Doctrine - portions of copyrighted material can be used without permission of the copyright holder:
Purpose of the use is non-commercial
Nature of the work is intended for mass use
Amount of the work used is just a portion
Use will not have a major economic impact on the market

11. Copyright and the Internet
Downloads
Compression technology has made downloading MP3 files, such as music and movies, fast and easy
The record industry has fought back against “illegal downloads” and peer-to-peer networks that prevent paying for such files
Napster™ became the poster child for this fight, but the recording industry goes after anyone downloading large files with hefty fines and jail time
Criminal & Civil