Overview of the
Topic:
In order for the plaintiff to prove libel in court, he or
she has to be able to prove several elements as supporting the case in order to
win a libel suit. In contrast, the defendant’s role in a libel suit is only to
have only one suitable defense in order for the court to dismiss the case.
When it comes to protecting the reporters from being sued
from defamation, the fair report privilege takes off the stress of accidental
defamation. Namely, if the report published in the news was given by an
official, or originated from some official document, the reporter is automatically
protected from any defamation suit. The privilege is covered officials and
proceedings in the executive, judicial and legislative branches of state, as
well as local and federal governments. In addition, law enforcement agencies are
also covered. It is crucial for citizens in a participatory democracy to have a
right to such information.
In regards to published book and other reviews, the court
applies fair comment and criticism criteria, which protect critics from being
sued by the individuals in the public eye. Although similar to comment and
criticism, the law differs opinion as constitutionally protected by the First
Amendment. In order to determine opinion in court, the officials apply the Ollman Test.
Some of the libel defenses also allow for the republication,
such as neutral reportage and the wire service defense. One of the main rules
protecting the republication services is the single-publication rule, where the
republication of some content is not seen as a new material.
In cases where the libel defendant files an appeal in order
to dismiss a libel suit, the plaintiff usually cannot prove his or her case. Most
of the aspect of a libel suit generally work in the defendant’s advantage. For instance,
the section 230 of the Communications Decency Act offers relatively limited immunity
to websites and ISPs in libel claims.
One of the more important elements to be aware of are
retractions, apologies and corrections. Knowing how to demonstrate basic
journalistic responsibility may present a great influence to avoid a libel case
at all.
Defining Key Terms:
Fair Report
Privilege: A privilege claimed by journalists who report events on the
basis of official records. The report must fairly and accurately reflect the content
of the records.
Absolute Privilege:
A complete exemption from liability for the speaking or publishing of
defamatory words of and concerning another because they were made within
performance of duty.
Conditional (qualified)
Privilege: Because the original statement was made within the
performance of duty, this privilege is an exemption from liability for
repeating defamatory words of and concerning another.
Fair Comment and
Criticism: A common law privilege that protects critics from lawsuits brought
by individuals in the public eye.
Innocent Construction:
Allegedly libelous words that are capable of being understood to have an
innocent meaning are not libelous.
Neutral reportage:
A defense accepted in some jurisdictions that says that when an accusation is
made by a responsible and prominent organization, reporting that accusation is
protected by the First Amendment even if the accusation is false.
Single-publication
rule: A rule that limits libel victims to only one cause of action even
with multiple publications of the libel, common in the mass media and on
websites.
Libel-proof
Plaintiff: a plaintiff whose reputation is deemed to be so damaged
already that additional false statements of and concerning the plaintiff cannot
cause further harm.
Important Cases:
Ollman v. Evans – Evans’
published material was concluded to be fully protected by the First Amendment,
as it was defined as opinion, hence constitutionally protected.
Milkovich v. LorainJournal Co. – After several appeals made by Milkovich, the Supreme Court
ruled that the piece was not the opinion, therefore could be libel.
Relevant Doctrine:
Fair Report Privilege
- The information must be obtained from a record or proceeding recognized as “official”.
- The news report must fairly and accurately reflect what is in the public record or what was said during the official proceeding.
- The source of the statement should be clearly noted in the news report.
- Not all states recognize the fair report privilege.
The Ollman Test
In order to prove opinion, it must pass:
- Verifiability
- Common meaning
- Journalistic context
- Social context
Neutral Reportage
The First Amendment is a defense in a libel case if:
- The story is newsworthy and related to a public controversy.
- The accusation is made by a responsible person or group.
- The charge is about a public official, public figure or public organization.
- The story is accurate, containing denials or other views.
- The reporting is neutral.
The Wire Service
Defense
It can be applied if:
- The defendant received material containing the defamatory statements from a reputable news-gathering agency.
- The defendant did not know the story was false.
- Nothing on the face of the story reasonably could have alerted the defendant that it may have been incorrect.
- The original wire service story was republished without substantial change.
A Test for
Jurisdiction
- Whether the defendant purposefully conducted activities in the state
- Whether the plaintiff’s claim arises out of the defendant’s activities there, and
- Whether the exercise of jurisdiction would be constitutionally reasonable.
Section 230 Immunity
The application of the Immunity is possible if:
- The ISP/Website is a content distributor and not a content creator
- The ISP/website did not interact directly with the content
It also applies if:
- ISPs/websites correct, edit, add or remove content, as far as the meaning of the content is not manipulated.
- ISPs/websites solicit or encourage users to submit content
- ISPs/websites pay a third party to create or submit content
- ISPs/websites provide neutral drop-downs and forms to facilitate content submission.
Current Issues/
Controversies:
With the inauguration and other political events revolving
around the Trump family, all of the media has been heavily focused on the
family and its members.
Earlier in the summer of 2016, a blogger from Maryland
called Melania Trump a “high end escort”, for which Mrs. Trump filed a libel
suit and won a couple of days ago.
Although the defendant’s lawyers appealed to the judge by
claiming that there was no proof of actual malice in the libel suit, the judge
still ruled in favor of Melania Trump.
Even though there might not be actual malice present in the
blogger’s post, the issue was around the actual phrase used (high-end escort),
which is most commonly associated with the word prostitute. Hence, the
immediate social content of the phrase used in describing Melania Trump was one
of the key elements that directed the court’s final decision.
My Questions/
Concerns:
- How dependable is the definition of opinion on individual officials’ discretion?
- If the libel case was so hard to prove for the plaintiff’s win in the court, is it even worth bringing a libel case to the plaintiff?
References:
No comments:
Post a Comment