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Libel
written or permanent defamation
Slander
spoken defamation
Broadcast defamation
is considered libel
To win a libel suit a plaintiff must prove 6 elements:
Defamation, Identification, Publication, Falsity, Injury, and Fault
Defamation
he statement harms reputation
Identification
the statement clearly refers to the plaintiff
Publication
the statement was shared with someone other than the plaintiff
Falsity
the statement is false
Injury
the plaintiff suffered harm (emotional, repetitional, or financial)
Fault
the publisher acted negligently or with actual malice
Public Officials
Elected or government employees with decision-making authority (e.g., senators, police chiefs).
Public Figures
People with major influence or fame.
Fair-Report Privilege
Journalists can safely report what’s said in official proceedings (like court, legislature, or police reports), even if it contains false or defamatory material.
The right to privacy
he ability to sue for invasion of one’s private life—is a relatively new concept in U.S. law (about 130 years old)
4 types of privacy
Intrusion, Publicity to Private Facts, False Light, Appropriation/Right of Publicity
Intrusion
Invading someone’s private space or affairs in a way that would offend a reasonable person. Ex. entering a home, office, or private space without permission.
Publicity to Private Facts
Publicizing private, highly offensive information that is not of public concern.
False Light
Portraying someone misleadingly in a way that would offend a reasonable person, even if not damaging to reputation.
Appropriation/Right of Publicity
Using someone’s name, image, or likeness without consent for commercial benefit.
The First Amendment
protects publishing information, not gathering it.
Reporters can cover public events like
fires, floods, or protests, but police can restrict access for safety reasons.
Freedom of Information Act (FOIA)
ives the public access to federal government records, except in nine exempt categories (e.g., classified info, personal privacy, trade secrets)
The First Amendment (press freedom) and the Sixth Amendment (fair trial)
can clash
There’s no federal shield law
meaning reporters can still be compelled in federal cases.
Every news outlet
has its own code of ethics to reflect community standards.
Some codes are specific, forbidding clear problems like:
Freebies (gifts, travel, or perks)
Junkets (paid trips)
Conflicts of interest
Plagiarism (copying others’ work) and fabrication (making up facts or quotes)
are serious ethical violations
Always inform sources
when recording interviews to ensure transparency and trust.