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Defamation and Civil Libel

Defamation and Civil Libel. JOUR3060 Communication Law & Regulation. DEFAMATION (REVIEW). Defamation is 1) a defamatory statement or utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages. DEFAMATION (REVIEW). Who is liable?

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Defamation and Civil Libel

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  1. Defamation and Civil Libel JOUR3060 Communication Law & Regulation

  2. DEFAMATION (REVIEW) • Defamation is 1) a defamatory statement or utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages

  3. DEFAMATION (REVIEW) • Who is liable? • 1) original publisher (source) • 2) re-publisher • 3) secondary publisher • What is the Burden of Proof? • Must prove: 1) false statement 2) fault • Public Persons: knowledge of falsity, reckless disregard for truth • Private Persons / Public Matter: fault amounting to at least negligence • What are the defenses to defamation? • 1) Truth • 2) Absolute Privilege • 3) Qualified Privilege

  4. CIVIL LIBEL • CIVIL Libel: deals with a person’s reputation • how take action: private attorney on behalf of individual • standard of proof: “preponderance of the evidence” • punishment: $$ damages

  5. CATEGORIES OF CIVIL LIBEL • 1) Private Person, Private Issue • 2) Private Person, Public Issue • 3) Public Figure, Public Issue • 4) Public Official, Public Issue

  6. CIVIL LIBEL CASES • Rosenbloom vs. Metromedia (1971) Private Person, Public Issue • Milkovich vs. Lorain Journal (1990) Newspaper liability for Private Figure • Time, Inc. vs. Firestone (1976) Private figure • Gertz vs. Robert Welch Inc. (1974) Public Figure Test • Curtis Publishing vs. Butts (1967) Public Figure Newspaper liability • Falwell vs. Flynt (1988) Public Figure, actual malice • Rosenblatt vs. Baer (1966) Public Official

  7. Curtis Publishing vs. Butts (1967)

  8. Falwell vs. Flynt (1988)

  9. CIVIL LIBEL • 1) Private Person, Private Issue: false statement • Criminal charges doesn’t make someone a public figure • 2) Private Person, Public Issue: false statement, fault amounting to at least negligence • Actual malice for damages • Newspaper liable for character attacks • 3) Public Figure, Public Issue: actual malice • False attribution qualifies as actual malice • Media liable for “recklessly gathered” allegations • 4) Public Official, Public Issue: actual malice • Criminal charges always relevant • Public officials liable for comments made outside private duty

  10. FOR NEXT CLASS: • TOPIC: Privacy • Assignment: Hopkins 14, Lisby 3 • Reminders: Extra Credit Assignment online, Paper #1 Due March 10th

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