Chapter 4
How does a plaintiff show reckless disregard?
"Reckless Disregard" Criteria •Urgency of story. Is there time to check the information? •Source reliability. Is the source trustworthy? •Story believability. Is further examination necessary?
What is libel? Slander?
Slander is spoken words that damage reputation. Libel is written defamation. The damages awarded for libel are higher than those for slander.
What is the plaintiff's burden of proof in libel cases?
The plaintiff must prove all of the requirements. 1. A statement of fact 2. That it is published 3. That it is of and concerning the plaintiff 4. That it is defamatory 5. That it is false 6. For which the defendant is at fault
What kinds of media actions may be considered negligent?
•Relying on a single or anonymous source. •Relying on other media reports without independent investigation •Careless misstatements of the contents of documents possessing ill will toward the plaintiff. •Conclusions or inferences unreasonably deduced •Failure to follow established internal practices and policies •Errors in taking notes and quoting sources.
What is a SLAPP suit?
(Strategic Lawsuits Against Public Participation) are libel suits whose purpose it to harass critics into silence, often to suppress those critic's First Amendment rights. They are meant to silence critics.
Who may be a public official for purposes of libel law?
A person whom the public is justified in wanting to know about because they serve the public. Information about them may relate to the officials' qualifications, conduct and character. But not all those paid by government for their work meet the criteria.
If someone says something defamatory about a group, may group members sue for libel? Under what conditions?
Any member of a group can sue for libel when the entire group has been libeled. The key is whether in libeling the group, the information is also "of and concerning" the specific individual bringing the lawsuit.
What types of damages may libel plaintiffs win? How do the types of damages differ?
Compensatory: •Actual: most common type. Represent the quantity of harm actually suffered by the plaintiff due to the libel. •Special: exact monetary figure specified for the out of pocket damages. Punitive: intended to punish libel defendants with a monetary penalty and to make an example of them as a means of discouraging anyone from committing similar acts in the future.
What are the different kinds of public figures under libel law?
I. A public figure, either a public official or any other person pervasively involved in public affairs. II. A limited purpose public figure, meaning those who have "thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved."
What is actual malice?
In libel law, a statement made knowing it is false or with reckless disregard for its truth.
What is the significance of the Masson v. New Yorker case?
It ruled on the changing of the meaning of quotes. The Court ruled that as long as the meaning is not materially changed—and thus the quotation remains true—a reporter could not have exhibited reckless disregard for the truth.
What is the difference between libel per se and libel per quod?
Libel per se: a statement whose injurious nature is apparent and requires no further proof. Libel per quod: a statement that does not appear to be defamatory, but knowledge of additional information would damage the plaintiff's reputation.
How many people have to see a defamatory statement for it to be considered "published?"
Only one person in addition to the source and receiver of the material.
Does a defamatory statement have to name a person to "identify" him or her?
People can be identified by name, title, and photographic images or within a context in which their identity can be inferred.
What does a private-figure plaintiff have to show to prove fault?
Private figure plaintiffs usually do not have to prove actual malice as the level of fault in their case. Instead, they show only that the libel defendant acted with negligence.
Can you get in trouble for republishing a defamatory statement?
Republishing information is seen as a new publication in the eyes of the law and can be sued as libel.
What is seditious libel?
Seditious libel is meant to incite people to change the government, criticism of the government.
What law gives Internet Service Providers qualified immunity from libel suits?
The Communications Decency Act (CDA)
Can implications or innuendo be libelous?
The implication of referencing about a person or thing, especially of a disparaging or a derogatory nature can, be libelous messages.
What happens if the defendant (publisher) is unknown?
The plaintiff must •Identify the anonymous party with as much specificity as possible, enough so that the court can determine if the defendant is a real person or an entity that can be sued. •Demonstrate what steps were taken to identify the anonymous defendant. •Show that the case is strong enough to withstand a motion to dismiss. •File a request for discovery with the court
How did New York Times v. Sullivan revolutionize libel law?
The ruling made it no longer enough for plaintiffs who are public officials to prove only that the defendant was negligent. They had to show that the content was published with actual malice-- a new and more difficult to prove level of fault.
What kinds of statements can be defamatory?
•Words that are false and injurious to another •Words that expose another person to hatred, contempt or ridicule •Words that tend to harm the reputation of another so as to lower him or her in the estimation of the community of deter third persons from associating or dealing with him •Words that subject a person to the loss of goodwill or confidence from others •Words that subject a person to scorn or ridicule •Words that tend to expose a person to hatred, contempt or aversion, or tend to induce an evil or unsavory opinion of him or her in the community •Words that tend to prejudice someone in the eyes of a substantial and respectable minority of the community.
