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Libel 101

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

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Libel 101

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  1. Libel 101 A brief introduction

  2. Six elements of libel • Defamation

  3. Six elements of libel • Defamation • Identification

  4. Six elements of libel • Defamation • Identification • Publication • Libel versus slander

  5. Six elements of libel • Defamation • Identification • Publication • Falsity • Seditious libel: “The greater the truth, the greater the libel” • John Peter Zenger trial, 1735

  6. Six elements of libel • Defamation • Identification • Publication • Falsity • Injury

  7. Six elements of libel • Defamation • Identification • Publication • Falsity • Injury • Fault

  8. Times v. Sullivan • 1964 case involving advertisement on behalf of Martin Luther King Jr.

  9. 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

  10. 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”

  11. What is “actual malice”? • Knowingly false

  12. What is “actual malice”? • Knowingly false • Reckless disregard for whether something is true or false

  13. 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

  14. Fault and private figures • Libel was previously a “no fault” tort

  15. Fault and private figures • Libel was previously a “no fault” tort • Supreme Court briefly applied the “actual malice” standard to private figures

  16. 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

  17. What is negligence? • Failure to exercise the care that a reasonable person would show in verifying truth

  18. What is negligence? • Failure to exercise the care that a reasonable person would show in verifying truth • What about relying on police reports?

  19. Libel defenses • Truth • Journalism is protected if it is “substantially” true

  20. 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

  21. 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

  22. 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

  23. “12 Steps for AvoidingLibel Suits” (p. 572) • Fully identify all sources • Complete name with middle initial • Age • Address

  24. “12 Steps for AvoidingLibel Suits” (p. 572) • Fully identify all sources • Always obtain comment from those who are attacked or criticized

  25. “12 Steps for AvoidingLibel 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

  26. “12 Steps for AvoidingLibel 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

  27. “12 Steps for AvoidingLibel 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

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