Chapter 4 Law

Defamation

A false intentional written or spoken communication that injures a person's reputation.

Element 2 of libel

Identification: of a victim (and potential plaintiff), either by name or some other designation that is understood by someone other than the victim and the perpetrator.

What is the first step in analyzing any potentially libelous item?

It is to determine whether there is a plaintiff - a party who may sue for libel.

Element 3 of libel

Publication, Communication, or dissemination (the act of spreading something widely): of the defamatory message to someone other than the victim and perpetrator.

Who usually gets sued in a libel case?

The one with the most money. Usually the corporate owner or publisher, not the hired hands who actually processed the libelous material.

Why do libel and slander laws exist?

To protect people whose reputations have been wrongfully damaged. If something is unfavorable, but true it is not libel.

T/F In many states, broadcast defamation is treated as libel rather than slander.

True

T/F Libel is a field of law reserved for the states.

True

T/F Only one defense has to be present for it to be published.

True

Who can get sued in a libel case?

Anyone who contributes to the spread of a libel may be sued for it, even if they were not the one who said the libelous thing. Could be the writer, editor, and everyone else who helped create a publication.

Element 1 of libel

Defamation: (a message that tents to hurt someone's reputation).

Defense 3 of libel

Fair comment: A statement of actual opinion (not provably false facts)

Section 230 of the federal Communications Decency Act

Generally exempts Internet services from liability for content created by others. But that is not true for the traditional media.

Who can sue for libel?

Generally, any living person or other private legal entity (such as a corporation or business).

Product disparagement or trade libel

Libel directed at a product, rather than the company itself. The company has to prove that the libelous statement actually damaged its business.

Actionable libel

Libel that is likely to get someone sued. All elements of libel have to be present and at least one defense.

May governments sue for libel?

NO. However, government officials may sue as individuals if their reputations were damaged.

Is the right to sue for libel a personal or property right?

Personal, meaning that the right dies with the individual. Most states follow that heirs cannot sue on behalf of their dead loved one, unless they were personally libeled too (they may continue an existing libel suit). Corporations may pursue a lawsuit for decades, regardless of the departure of individual officers (the organization itself must have been defamed not an individual).

Defense 2 of libel

Privilege: Also known as qualified privilege, given to accurate accounts of proceedings of public meetings or materials in public records.

Slander

Spoken defamation

Liber

Written defamation

Do all elements of libel have to be present for something to be considered libel?

Yes

What is the second step in analyzing any potential libelous item?

check off the elements of libel and see if they are all present.

Negligence

in libel, a statement made carelessly or without exercise of normal care in verification; a lower burden of proof for fault that falls on plaintiffs who are private figures.

For libel to occur, what four elements must be present?

1) Defamation 2) Identification 3) Publication, communication, or dissemination 4) Fault

What are the major defenses for libel?

1) Truth 2) Privilege 3) Fair comment

What is the fifth element that is required in most libel cases?

5) Damages (tangible or intangible losses that may be compensated in money).

What do public figures have to prove to win a defamation case?

Actual malice

Element 4 of libel

Fault: on the part of the communicator, usually by communicating a provably false message (sometimes considered a separate element)

Defense 1 of libel

Truth: a strong defense, because the burden of proof is on the plaintiff to prove falsity.

Actual malice

in libel, a statement made with knowing falsity or reckless disregard for the truth; a high burden of proof for fault that falls on plaintiffs whoa re public officials or public figures.