4. Six elements of libel
⢠Defamation
⢠Identification
⢠Publication
â Libel versus slander
5. Six elements of libel
â˘
â˘
â˘
â˘
Defamation
Identification
Publication
Falsity
â Seditious libel: âThe greater the truth, the
greater the libelâ
â John Peter Zenger trial, 1735
6. Six elements of libel
â˘
â˘
â˘
â˘
â˘
Defamation
Identification
Publication
Falsity
Injury
7. Six elements of libel
â˘
â˘
â˘
â˘
â˘
â˘
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 â âactual
maliceâ
12. What is âactual maliceâ?
⢠Knowingly false
⢠Reckless disregard for whether something
is true or false
13. What is âactual maliceâ?
⢠Knowingly false
⢠Reckless disregard for whether something
is true or false
⢠This new standard applied to public officials
â later to public figures, too
14. Fault and private figures
⢠Libel was previously a âno faultâ tort
15. Fault and private figures
⢠Libel was previously a âno faultâ tort
⢠Supreme Court briefly applied the âactual
maliceâ standard to private figures
16. Fault and private figures
⢠Libel was previously a âno faultâ tort
⢠Supreme Court briefly applied the âactual
maliceâ standard to private figures
⢠Finally arrived at the ânegligenceâ 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?
20. Libel defenses
⢠Truth
⢠âFair reportâ privilege
â Public officialsâ libelous comments may only be
quoted if uttered in a public, official setting
â Knowledge of falsity can negate this defense
â Lawsuits and other public documents may be
quoted from without penalty
21. Libel defenses
⢠Truth
⢠âFair reportâ privilege
⢠Fair comment and criticism
â 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
â˘
â˘
â˘
â˘
Truth
âFair reportâ privilege
Fair comment and criticism
âWire serviceâ defense
â A news organization canât be successfully sued
for running a libelous wire-service story
â Unless news organization has knowledge that
story is false
23. âSteps for Avoiding
Libel Suitsâ (Bender)
⢠Fully identify all sources
â Complete name with middle initial
â Age
â Address
24. âSteps for Avoiding
Libel Suitsâ (Bender)
⢠Fully identify all sources
⢠Always obtain comment from those who
are attacked or criticized
25. âSteps for Avoiding
Libel Suitsâ (Bender)
⢠Fully identify all sources
⢠Always obtain comment from those who
are attacked or criticized
⢠Be thorough in finding sources and
reviewing documents
26. âSteps for Avoiding
Libel Suitsâ (Bender)
⢠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
â Try to avoid using them
â Never use them to attack someone
27. âSteps for Avoiding
Libel Suitsâ (Bender)
⢠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
⢠Donât rush a non-breaking-news story