Libel -- characteristics

1. False statements
   • Facts are different than what is reported
   • Must be untrue
   • Can include statements by others
2. Defamatory
   • Damages one's reputation to the point of causing contempt, hatred or ridicule
   • Types:
     • Moral: adultury, unethical behavior, religious beliefs
     • Illness: AIDS, mental illness, STDs
     • Crime: Rape, bribery, child abuse, general crook
     • Addiction: Drunk, addict, alcoholic
     • Affiliation: KKK, mafia, neo-Nazi
3. Publication
   • Message needs to be communicated to at least one person other than the defamed
   • Many types:
     • Story printed
     • News release received
     • Published online
     • TV talk show
     • A student website
4. Indentification
   • The defamed individual must be identified in the publication
     • Name, photo, description
5. Fault
   • The defamed must prove the publisher (or broadcaster) was at fault in presenting the libel
   • Two main types:
     • Negligence: Lack of care in reporting, writing information.
       • Ex: Unreliable source
     • Actual malice: Writer knew the information was false or showed reckless disregard for whether information was true or false.
       • Unusually reserved for public figures -- celebrities, politicians -- who have a higher burden of proof

Libel -- defense

1. Truth
   • If the writer can prove the information is true through evidence, the case will be dismissed.
2. Consent
   • If the libelled individual allowed the writer to print material
3. Privilege
   • Writers are allowed to print reports from goverment proceedings
   • Meetings, trials, news conferences, reports may be reported on even though in other contexts it may be considered libel.
   • Requires fairness and accuracy
4. Fair comment/opinion
   • Writers are permitted to criticize the work of individuals -- so long as the assessment can not be proven true or false.
   • Restaurant reviews, editorial comment
5. Statute of limitations
   • As with most laws, there is a limit to how long the plaintiff may sue
6. Parody and believability
   • As seen with Hustler v. Falwell, if the message is clearly a parody, and thus clearly not to be believed by the audience, it may not be considered libel

Libel -- avoidance

1. Verification/accuracy
   • All reported information must be verified with at least two sources
   • This helps ensure the information is accurate
2. Seek comment
   • Prior to publication, news outlets will sometimes allow the individual to defend self
   • Provides both sides to report
3. Correction
   • Correcting and retracting the story sometimes will discourage a formal libel charge.