Defamation
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This document defines defamation as the publication or broadcast of a false statement of fact that seriously harms someone's reputation. It applies to both printed and spoken statements made online or offline. The document notes that truth is an absolute defense against defamation, but proving a statement is true can be difficult. It also explains that statements of opinion alone cannot be defamatory, and discusses some of the challenges around legislating cyberbullying and internet trolling. The document provides examples of statements that could be considered defamatory and discusses the standards of fault required in defamation cases involving public figures.
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Defamation
- 1. By Prof. Mark Grabowski
- 4. Defamation defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
- 7. Defamation defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
- 12. Defamation defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
- 14. Identification Although not explicitly identified by name, the "government executive who makes his home at 1600 Pennsylvania Avenue” clearly refers to the President of the United States.
- 15. Defamation defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
- 16. Truth is an absolute defense to defamation. But there’s a catch: Knowing something is true and proving it’s true can be two different things.
- 17. Defamation defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
- 18. “Pure” statements of opinion CANNOT be defamatory
- 19. Consequently, cyberbullying and “Internet trolling” is difficult to legislate against.
- 20. Myth As long as you preface your statement with a qualifier such as “In my opinion,” or “allegedly,” or “I think,” you cannot be successfully sued for defamation. False: While such qualifiers have their place, there are no “magic words” that will always shield you from liability.
- 25. Defamation defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
- 26. Red Flag Statements • Accusations of illegal conduct or involvement with the criminal justice system or criminals • Charges of sexual misconduct or promiscuity • Statements that attack a person’s honesty or integrity
- 27. This may be a lie, but does it really harm a reputation?
- 32. Defamation defined… Publication or broadcast of a false statement of fact that seriously harms someone’s reputation. Applies to printed statements and spoken statements, both online and offline.
- 33. Fault Required The First Amendment requires that in order for defendants to be held responsible for defamation, the person suing must show — at a minimum — that the reporter/editor acted unreasonably.
- 37. But opinions are are not illegal
- 39. Good news: You’re not legally responsible for libelous comments made by others on your blog.
- 40. Even if you post online anonymously, courts may be able to determine your identity.
- 41. You do not need to reveal information about who uses your website, unless you’re served with a subpoena or court order.
- 42. About the Presenter Mark Grabowski is an associate professor at Adelphi University in New York, where he teaches Internet Law. Previously, he worked as a lawyer and a journalist. He holds a J.D. from Georgetown Law. For more information, visit markgrabowski.com or email mgrabowski [at] adelphi . edu
- 43. Sources • Student Press Law Center: “Libel Law Primer” • Electronic Frontier Foundation: “Online Defamation Law” • Cyberlaw by Brian Craig (Pearson, 2013)