Chapter 5 - Libel, Privacy and News-Gathering Issues

Libel

A published or written false statement that damages a person’s or organization’s reputation.

Slander

A false spoken statement that hurts another person’s reputation.

Actual Malice

The publisher of a defamatory statement either knew it was false or had a high degree of awareness of its probable falsity at the time of publication.

The New York Times Co. v. Sullivan

A landmark 1964 U.S. Supreme Court ruling that has stood as the main pillar of First Amendment (freedom of speech) protection for the press and the public to report on, debate and criticize the actions, ideas and characters of public figures.

Negligence

The failure to use the level of care that a reasonable person would exercise under similar circumstances.

Identification

News stories usually identify sources or subjects clearly by name. Detailed identification protects reporters against libel suits.

Publication

When a statement has appeared in a newspaper or on a television broadcast, it has been published. A statement does not have to be so widely disseminated (spread) for a person to sue for libel.

Falsity

The state or quality of being untrue.

Injury

Libel plaintiffs usually have to prove “actual injury,” meaning damage to reputation, humiliation and mental anguish to recover damages.

Fault

Refers to the state of mind of the person who uttered the allegedly defamatory statement.

Who is a public official?

A public official must hold some government position.

Involuntary (1 type of public figure)

An individual who is put into the public eye and treated as a public figure without wanting the attention.

General-purpose (1 type of public figure)

Has persuasive power and influence as to be a public figure for all occasions.

Limited-purpose (1 type of public figure)

A person who is not a celebrity, but who chooses to step into controversy to try to change its outcome.

Fair-Report Privilege

A legal defense that protects journalists and publishers from defamation or libel claims when they report on official government proceedings.

Fair Comment & Criticism Defense

A legal defense that protects people from libel lawsuits when they express opinions about matters of public interest.

Intruding on a person’s solitude (1 of 4 kinds of invasion of privacy)

Intentionally intruding on the privacy of another, in a manner that would be highly offensive to a reasonable person.

Giving publicity to private facts (1 of 4 kinds of invasion of privacy)

Publicizing private information about another person, the disclosure of which would be highly offensive to a reasonable person.

Placing a person in a false light (1 of 4 kinds of invasion of privacy)

Portraying another person in a way that is false and highly offensive.

Appropriating (using) a person’s name for one’s own benefit (1 of 4 kinds of invasion of privacy)

Usually meaning some kind of commercial use. May violate a person’s right of publicity.

Access to nonjudicial events and records (1 of 3 news-gathering issues)

The First Amendment does not grant journalists special rights of access.

Access to judicial proceedings (1 of 3 news-gathering issues)

The First Amendment right to attend and report on courts against competing interests like privacy and the right to a fair trial.

Confidentiality for sources and information (1 of 3 news-gathering issues)

The United States lacks a single national law that protects journalists from being forced to reveal their confidential sources.

Freedom of Information Act

Gives any person the right to request access to federal agency records and documents.

Allegedly

Stating that something is true according to what people claim, but without having definitive proof or legal confirmation

“According to legal documents,” use only if you have access to those documents (ex. an arrest report).

Reportedly

Indicates the existence of spoken “reports” of what occurred, but the info hasn’t been verified; use only if you have access to documents or saw/heard accounts of what happened.

Apparently

Seems to be true; use when you don’t have access to official accounts and you have no one who saw/heard what happened.