Understanding Libel Journalism

What is libel? Definition: Publication of a false statement that deliberately or carelessly damages someone’s reputation Be sure of your facts: When you make a statement that might be considered damaging, you must not only believe it or even know it, but you must be able to prove it.

Who can sue for libel? Any living person can be defamed. Dead people can’t.

Who is it that gets sued? Usually, it’s the publication; however, the reporter can be dragged into court as a defendant, too, along with any editors who worked on the story

So what exactly constitutes libel? 1) Statements must be false, based on facts that are wrong or unverifiable 2) Statements must be defamatory (Ex: accuse someone of a crime, immorality, discredit a person professionally, imply they have a disease, etc.) 3) Statements must be published. (Printed, broadcast, posted on Web, or just sent to a friend)

So what exactly constitutes libel? 4) Plaintiffs must be identifiable. They must prove that they’re the ones named, described, or pictured 5) The defendant – that’s you – must be at fault either through negligence or malice. (Note: public officials and public figures, like celebrities, must prove that publications acted with actual malice, not just negligence)

How do I defend myself if someone claims that I libeled him or her? Truth – Always be able to PROVE what you say Consent – Is someone allows you to publish a defamatory statement about him, he can’t sue you later. Privilege – If you don’t take sides, the fair report privilege allows you to report on newsworthy statements and public controversies. You’re entitled to print anything said during most legislative or judicial proceedings, too, as long as your story is accurate and fair. You’re free to insult performers when you review their work, too.

The Cherry Sisters vs. “Fair Comment and Criticism” There once was a vaudeville trio called the Cherry Sisters. And they were horrible. In 1901, a critic for a small Iowa newspaper reviewed their act and wrote: Their long, skinny arms, equipped with talons at the extremities, swung mechanically and anon waved frantically at the suffering audience. The mouths of their rancid features opened like caverns, and sounds like the wailing of damned souls issued therefrom…. After reading this, the Cherrys went bananas! They sued for libel, and…

They lost. Why? For one thing, the judge saw them perform. He said, “If ever there was a case justifying ridicule and sarcasm, it is the one before us now.” The Cherry Sisters appealed to the Iowa Supreme Court – and lost there, too. Thus, fair comment and criticism was established. They CHOSE to expose themselves to public opinion.

Four Most Common Ways to Invade Someone’s Privacy 1) Intrusion: If you gather information unethically – in a situation where someone has the right to expect privacy – you can be sued, even if you never write a story Ex: Trespassing (walking/snooping on private property) Secret surveillance (hidden cameras) Misrepresentation (disguising yourself to gain unauthorized access to a private area)

Four Most Common Ways to Invade Someone’s Privacy 2) Public Disclosure of Private Facts: Publicizing personal details – say about someone’s medical history – may cause emotional distress if the material is Private (known only to family and friends) Intimate (something personal they wouldn’t want shared) Offensive (liable to humiliate someone if the information becomes widely known)

Four Most Common Ways to Invade Someone’s Privacy 3) False Light: Anytime you run an article, photo, caption, or headline that portrays someone in an inaccurate way – as something he or she is not. If it can be proven that the portrayal is “highly offensive to a reasonable person,” you’re guilty of invading privacy.

Four Most Common Ways to Invade Someone’s Privacy 4) Appropriation: Unauthorized use of someone’s name, photo, or words to endorse or sell a product or service – a problem that typically occurs more frequently in advertising departments than in newsrooms. Don’t use anyone to sell anything unless they have signed a consent form.

Example: A journalism professor at a local college abruptly quits her job and drops out of sight. You call her, but she won’t answer. You visit her home, but she won’t come to the door. While standing on her porch, you see her sitting by the window. You snap a picture of her. INTRUSION

Example: Months after that photo was taken, a reporter finds it stuck in a drawer and decides it’s a perfect photo to illustrate bankruptcy. But when this woman sees her picture in the paper, she says, “What?! I’m not bankrupt!” FALSE LIGHT

Example: A staff artist on your newspaper also gets a hold of the photo. He decides that the professor looks like she has a headache in the photo, so he decides it would work perfectly with an ad for the new headache medicine Oddvil. APPROPRIATION

Example: Suppose you finally interview the professor. She agrees to let you use the photo. You later learn, from her colleagues, the real reason she quit: severe hemorrhoids. She asks you not to run the story, but you run it anyway. PUBLIC DISCLOSURE OF PRIVATE FACTS