Media Law & Ethics

1st Amendment

Congress shall make no law abridging the freedom of speech or press.

Defamation

Untrue declarations about private citizens that may damage their reputations.

Libel

Written statements that harm reputation.

Slander

Spoken statements that harm reputation.

Publication (Defamation Element)

The defamatory statement must be published in some form such as newspapers, magazines, books, or online broadcast.

Identification (Defamation Element)

The person targeted must be identifiable, either by name, character traits, job description, or in fiction.

Defamation (Defamation Element)

The statement must harm the reputation of another, lowering their standing in the community.

Falsity (Defamation Element)

The information presented must be proven false.

Fault (Defamation Element)

The defendant must have known or should have known the truth with reasonable care.

Injury (Defamation Element)

The victim must suffer some form of financial damage, damage to reputation, or mental anguish.

Consent (Defense Against Libel & Slander)

If the person consented to the publication, they cannot claim defamation.

Truth (Defense Against Libel & Slander)

The best defense against libel and slander is proving the statement is true.

Qualified Privilege (Defense Against Libel & Slander)

Journalists cannot be held liable for libel or slander if they quote a public official making a statement that is defamatory.

Opinion vs. Fact (Defense Against Libel & Slander)

Expressions of opinion are generally protected unless they imply false underlying facts.

Parody/Satire (Defense Against Libel & Slander)

Creative works that are humorous or satirical are often protected under free speech.

Public Figures and Libel & Slander

Public figures must prove all elements of libel and slander plus demonstrate 'actual malice'.

George Carlin Incident

Performed his famous 'Seven Dirty Words' routine; Supreme Court ruling in 1973 shaped free speech laws.

Jackson/Timberlake Incident

Led CBS to be fined $550,000 following the 2004 Super Bowl wardrobe malfunction.

Plagiarism

Taking someone else’s work and presenting it as one’s own.

Cultural Pressure in Journalism

Pressures include urgency to break news first, need for interesting stories, and maintaining objectivity.

Ethics in Journalism

Moral rules that guide actions in the profession.

SPJ Code of Ethics

Seek truth and report it; minimize harm; act independently; be accountable.

Stephen Glass

Wrote fabricated stories for The New Republic, notably 'Hack Heaven'.

Jason Blair

Resigned from The New York Times after revelations of plagiarism and falsification.

Janet Cooke

Authored 'Jimmy's World', a fabricated story that led to serious ethical ramifications.

Allan Detrich

Caught photoshopping images as a photographer for the Toledo Blade.

Quen/David Bowie vs Vanilla Ice

Involved issues of copyright in copying soundtracks and ethical questions on originality.