Libel Law and Defamation

Flashcards covering key vocabulary and concepts related to libel, defamation, and freedom of the press.

Libel

Writing for publication a defamatory statement that seriously damages a person’s reputation, is false, and identifies the person, even without a name.

Defamatory Statement

A statement in which a person’s reputation is seriously damaged.

Associated Press’s Definition of Libel

Exposing a person to public hatred, shame, disgrace, or ridicule, or inducing an ill opinion of a person, in writing, pictures, cartoons, or any other medium that is not true.

Actions for Libel Result From

Alleging crime, fraud, dishonesty, immoral or dishonorable conduct, or stories that defame the subject professionally, causing financial loss.

Examples of Libelous Statements

Accusations that a member of society has violated common standards of ethical behavior which can lead to a libel suit.

Malice

In cases regarding public figures, proving the libel had malicious intent, meaning the writer knew the information was false and only wrote it to injure the person.

Right to Privacy

When a person becomes involved in a news event, voluntarily or involuntarily, they forfeit some rights to this.

Burden of Proof for Public Figures

If someone defames your job performance or ethics, you have to prove libel and malicious intent.

Burden of Proof for Private Citizens

You only have to prove journalistic “negligence,” but not “malicious intent.”

Provable Truth (Libel Defense)

No matter how damaging, insensitive, rude or inappropriate a statement may be, the plaintiff will lose if a statement is proven to be this.

Fair Comment and Criticism

The press can write an opinion about the performance of anyone who is a public performer including a politician, athlete, movie celebrity, etc.

Qualified Privilege

Applies to libelous statements that may occur during government proceedings or in public documents. All public proceedings, including court sessions and most public records, are privileged and can be quoted even if they are defamatory.