1. Defamation and Civil Libel JOUR3060 Communication Law & Regulation

2. DEFAMATION (REVIEW)  Defamation is 1) a defamatory statement or utterance, 2) of and concerning the plaintiff, that has been 3) published to a third party, and results in 4) damages

3. DEFAMATION (REVIEW)  Who is liable?  1) original publisher (source)  2) re-publisher  3) secondary publisher  What is the Burden of Proof?  Must prove: 1) false statement 2) fault  Public Persons: knowledge of falsity, reckless disregard for truth  Private Persons / Public Matter: fault amounting to at least negligence  What are the defenses to defamation?  1) Truth  2) Absolute Privilege  3) Qualified Privilege

4. CIVIL LIBEL  CIVIL Libel: deals with a person’s reputation  how take action: private attorney on behalf of individual  standard of proof: “preponderance of the evidence”  punishment: $$ damages

5. CATEGORIES OF CIVIL LIBEL  1) Private Person, Private Issue  2) Private Person, Public Issue  3) Public Figure, Public Issue  4) Public Official, Public Issue

6. CIVIL LIBEL CASES  Rosenbloom vs. Metromedia (1971) Private Person, Public Issue  Milkovich vs. Lorain Journal (1990) Newspaper liability for Private Figure  Time, Inc. vs. Firestone (1976) Private figure  Gertz vs. Robert Welch Inc. (1974) Public Figure Test  Curtis Publishing vs. Butts (1967) Public Figure Newspaper liability  Falwell vs. Flynt (1988) Public Figure, actual malice  Rosenblatt vs. Baer (1966) Public Official

7. Curtis Publishing vs. Butts (1967)

9. Falwell vs. Flynt (1988)

10. CIVIL LIBEL  1) Private Person, Private Issue: false statement  Criminal charges doesn’t make someone a public figure  2) Private Person, Public Issue: false statement, fault amounting to at least negligence  Actual malice for damages  Newspaper liable for character attacks  3) Public Figure, Public Issue: actual malice  False attribution qualifies as actual malice  Media liable for “recklessly gathered” allegations  4) Public Official, Public Issue: actual malice  Criminal charges always relevant  Public officials liable for comments made outside private duty

11.  FOR NEXT CLASS:  TOPIC: Privacy  Assignment: Hopkins 14, Lisby 3  Reminders: Extra Credit Assignment online, Paper #1 Due March 10th