Libel-Basics

Mass Comm Law

What is the most basic definition of libel?,

A false and defamatory attack in writing on a person's reputation

Libelous material must do what and be what?

Be published False and defamatory

Is libel the concern of only journalists?

no

In Oklahoma is broadcasting typically subject to libel law?

yes

Who can and can't sue for libel?

Any living person corporation business or unincorporated association organization or society

Can you libel the dead in Oklahoma?

no

Can government sue private citizens for libel?

no

Explain whether the Moore Public School District would have been successful if it had sued the University of Oklahoma engineering professor for libel.

No the government entity (public school district) can't sue

Can government be sued for libel?

What is the statute of limitations in Oklahoma?

One year from the date of publication

In other words, how long does the plaintiff have to file a libel lawsuit in Oklahoma?

1 year

Under which circumstances could the statute of limitations be extended?

If the publication was concealed or published in a secretive manner which would make it unlikely to come to the attention of the injured party

When won't it be extended?

If it doesn't meet the extension circumstances if there is ignorance of the law if there is hardship/inconvenience

How is publication defined for the purposes of a libel lawsuit?

hird person communication to a third party

Understand whether communication inside a corporation between its officers employees and agents is a publication for the purposes of a libel lawsuit in Oklahoma.

No it is not.

What is the republication rule?

The news media can be held liable for repeating libelous statements of others including material contained in letters to the editor.

Will attributing a libelous statement to a third party automatically protect the defendant?

no

Does it apply in Oklahoma?

yes

Can an Oklahoma newspaper be held liable for printing a libelous letter to the editor?

yes

What is the single publication rule?

a plaintiff in a libel suit against a publisher has only one claim for each mass publication not a claim for every book or issue in that run.

Does the rule apply to material published on the Internet?

In most states

When might a new statute of limitations begin?

when online material is altered in a significant way

How is identification defined?,

The plaintiff is specifically recognizable in the libelous material

What are the ways in which identification can occur?,

identification can occur from the use of a person's name in pure fiction but only if the fictional character refers to the plaintiff. Identification can also occur without the plaintiff's name or picture being used. The plaintiff can be identified by a nickname description pseudonym or connecting circumstances.

Understand whether the defendant must have intended to refer to the plaintiff for identification to occur. What would the plaintiff have to prove if the identification wasn't intentional? Example?

No the defendant does not have to intend to refer to the plaintiff for identification to occur. The defendant can be held liable for failing to recognize that others could "mistakenly but reasonably" believe the message referred to the plaintiff. The plaintiff would have to prove that the defendant "was negligent in failing to anticipate" such "reasonable understanding" by a third party.

Group Libel Doctrine: How do Oklahoma courts determine if an unnamed member of a libeled group has been identified?

Such a group may sue for libel:, The size of the group alone is not controlling although it is a factor to be considered. The intensity of suspicion cast upon the plaintiff is the true test in determining a plaintiff's right to maintain a personal action for group libel. The larger the group, the less likely . . . the reader would understand it to refer to a particular individual

What must the member of a small group prove?

That he is a member of the group

Is the size of the group the only factor to consider?

no

What does the intensity of suspicion test recognize?

That even a general derogatory reference to a group may affect the reputation of every member

What elements are considered?

Numerical size of group prominence of group prominence of individual within group

What is the definition of defamation in Oklahoma?

A statement that "exposes any person to public hatred contempt ridicule or obloquy or ... tends to deprive him of public confidence or to injure him in his occupation ..." "A communication is defamatory if it tends to so harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him."

Why is the difference between the two categories of defamatory content important in Oklahoma?

This distinction between defamatory per se and defamatory per quod is important because of the different corresponding damages that the plaintiff also is required to prove.

Must the entire publication be considered in Oklahoma?

yes

What meaning must be given to the words?,

Ordinary natural and obvious meanings

To be considered defamatory the communication must be what?

A statement of fact

Can opinion and rhetorical hyperbole be considered defamation?why?

no
Because they are not assertions of fact

Who determines if the content is defamatory per see?

The trial judge

How is defamatory per se defined in Oklahoma?

Clearly defamatory on their face

What words and accusations fall under defamatory per se in Oklahoma?

The words must be "susceptible of but a single meaning that is opprobrious." The words "alone must be construed stripped of all insinuations, innuendo, colloquialisms and explanatory circumstances." They are measured by their "natural and probable effect upon the mind of the average lay reader." Words that "prejudicially impugn a person's skill, knowledge, or conduct in ... business." Accusing someone of being a "drunkard" or having being "ruined by tobacco and whisky" falls within this category.

Is accusing someone of committing a crime considered per se defamation?

yes

Examples?, Akins v. Altus Newspapers, Inc.

Oklahoma Supreme court said accusing a police officer of having "kidnapped a boy at gunpoint" and "removing the other youth from a Blair home at gunpoint" were defamatory per se.

What reasoning did courts in Ohio and Colorado use in deciding that an accusation of homosexuality should not be considered defamatory per see?

Homosexuality is not a crime nor is it a disease. Additionally being a homosexual would not tend to injure a person in his trade or occupation. It could be considered defamatory per quod if it were false.

Is it defamatory per se or per quod in Oklahoma?

Per quod

Would the Oklahoma Court of Civil Appeals' decision apply to every Oklahoma libel suit involving such an accusation?

no

How is defamatory per quod defined in Oklahoma?

Reasonably susceptible of both a defamatory and an innocent meaning

To prove per quod defamation the plaintiff must explain what?

The special circumstances or facts that make the words defamatory

What restriction applies to that explanation?

The plaintiff's explanation of a statement's defamatory meaning "cannot be used to enlarge the meaning of words nor attribute them to a meaning which they would not bear."

Who decides if the content is defamation per quod?

The trial judge

What does the jury decide?

Whether such meaning is truly ascribed to the words"

What does it mean to be libel-proof?,

a plaintiff has a reputation that is so badly tarnished that he or she can't be further injured by allegedly false statement

How is Lenny Dykstra an example?,

His reputation for unsportsmanlike conduct and bigotry is already so tarnished that it cannot be further injured