JOU 333, Ch. 4, Libel

libel

a published false statement that is damaging to a person's reputation; a written defamation.

slander

a false statement that damages someone's reputation, usually made orally

criminal libel

a crime involving the publication of false and malicious statements that damage someone's reputation, potentially leading to criminal penalties. 

the libel plaintiff

1. living individuals

2. organizations

3. government

defamation

that there was defamatory language

identification

that the defamation was about the plaintiff

publication

that the defamation was disseminated

fault

that the defamation was publishedd as a result of negligence or recklessness

the Zenger trial

debated the right of the press to “truthfully criticize public officials”

the Alien and Sedition Acts

• allowed the president to deport anyone not born in the United States who was ‘dangerous to the peace’ or suspected of ‘secret machinations against the government’

• prohibited any conspiracy to oppose the government and ‘any false, scandalous and malicious writing’ against the government or government officials

New York Time v. Sullivan (1964)

strict liability when media defame a public official was ruled unconstitutional

New York Times actual malice

1. Reckless disregard for the truth

2. Knowing falsehood

3. Inquiry into a journalists’s mind

Negligence

a failure to act as a reasonable person would in similar circumstances

falsity

that the statement was false, a burden only for persons suing for defamation related to matters of public concern

personal harm: damage, injury or harm

such as a loss to reputation, emotional distress, or the loss of business revenues

presumed damages

the loss of reputation that a defamation is as assumed to cause

compensatory damages

the degree of fault, the number of people who may have read or heard the defamation, the seriousness of the defamatory charge, the degree of injury suffered, and the character and reputation of the litigants

punitive damages

awards imposed not to compensate for lost reputation but to punish the libeler

summary judgement

a ruling by a judge that there is no dispute of material fact between the two parties in a case, and that one party should win the case as a matter of law

statutes of limitations

prosecutors and plaintiffs must file a suit within a specified period, which in a libel suit is usually from one to two years from the date of publication

protected opinion

a statement of personal belief or judgement that is not a factual claim and therefore cannot be the basis for a defamation lawsuit

absolute privileges

protect the speaker of a defamatory message regardless of the speaker’s accuracy or motives

consent

if they initiate or authorize publications that damage their own reputations

• explicit

• implied

qualified privileges

protects journalists who report on defamatory comments made in official proceedings as long as the stories are fair and accurate

retractions

the act of taking back or withdrawing a statement, offer, or legal document, often used to correct a defamatory statement or untruth published in the media