Defamation and Civil Libel JOUR3060 Communication Law & Regulation.

Slides:

Advertisements

Similar presentations

ITS BETTER TO BE AN OUTLAW THAN AN IN- LAW. AT LEAST OUTLAWS ARE WANTED. Media Law.

Advertisements

Mass Media Law 2009/2010 Don Pember Clay Calvert Chapter 6.

Libel & Defamation 1 JOMC 164, Section 2

Damage to Reputation: Defamation, slander and libel.

6-1 McGraw-Hill/Irwin Copyright © 2012 by The McGraw-Hill Companies, Inc. All rights reserved.

Chapter Four. Objectives To define libel and slander To list the elements of libel To understand libel defenses To understand rules for public and private.

Public Communications Law Lecture 4 Slide 1 Slander and Libel Under the common law, there was a major distinction: –Slander was oral defamation. Damages.

Foundations of Australian Law Fourth Edition Copyright © 2013 Tilde Publishing and Distribution Chapter 7 Defamation, nuisance & trespass.

Libel and the media Times v. Sullivan ushers in an uncertain new age of press freedom.

TORTS INTENTIONAL AND NEGLIGENT. INTENTIONAL TORTS Intentional torts share the requirement that the defendant desires the result or knows to substantial.

1 Media Law JMC 201 Nov. 13, First Amendment Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise.

Social Media: Battling the Modern Day Medusa Chad Ray Donnahoo Campbell Shatley, PLLC 674 Merrimon Ave., Suite 210 Asheville, NC 28804

Libel: Summary Judgment

Overview of Defamation

Times v. Sullivan: The sequels A landmark libel decision leads to years of defining its reach.

2 Crimes & Torts Crimes Intentional Torts

ISP Liability for Defamation and Copyright Violation Richard Warner.

Torts and Cyber Torts Chapter 4.

Original Version: Defamation Defined  A false and unprivileged statement of fact that is harmful to someone's reputation, and published " with fault,"

Internet Legal Issues (Mgmt 447) Professor Charles H. Smith Defamation (Chapter 11) Spring 2006.

What is a public figure? In United States law, public figure is a term applied in the context of defamation actions (libel and slander) as well as invasion.

Defamation of Character Intentional Torts. Defamation Injury to a person’s reputation or good name by either libel or slander Often with high profile.

First Amendment to the Constitution Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging.

Gerri Spinella Ed.D. Elizabeth McDonald Ed.D.

Defamation Elements of a Libel Claim A false statement Of and concerning an identifiable person or entity Defamatory Published to any third party Fault.

Week 10 LWB133 Defamation Establishing the Action 1.Identify the possible defamatory material Defamatory on its natural and ordinary meaning Innocent.

Teachers and the Law, 8 th Edition © 2011 Pearson Education, Inc. All rights reserved. Teachers and the Law, 8e by David Schimmel, Leslie R. Stellman,

Communication Law and Ethics

#1 Free Speech and Civil Liability for Defamation Under U.S. Law Masaryk University, March 2012 Brno, Czech Republic Vincent R. Johnson.

Intentional Torts.  Assault and battery 1. _______ is the intentional, harmful or offensive contact of another without his consent. 2. _______ is an.

TORTS INTENTIONAL AND NEGLIGENT. The Elements of an Intentional Tort 1. An intentional tort. 2. An injury. 3. Tort was the proximate cause of injury.

Defamation Law. What is defamation? “ Any wrongful act or publication or circulation of a false statement or representation made orally or in written.

Ethics and the Law in Journalism. Key Concepts Understand the ethical principles of journalism Understand libel laws and what defenses journalists have.

Defamation Zachary Dornan Mitch Ellis. What is Defamation? Defamations is the communication of a statement that makes a claim, expressly stated or implied.

The Next Generation of Creative Commons Licenses, What's New in CC 4.0 Kris Helge Scholarly Communications.

Tort Law You always wondered about. What is a tort?

Chapter 15.  A false & defamatory attack in written form  On a persons reputation or character  Be careful if ▪ You are negligent in publishing ▪ Uncertainty.

From the Associated Press Stylebook.  At its most basic, libel means injury to reputation. Words, pictures, cartoons, photo captions and headlines can.

2 TORT Means“Wrong” 3 TORT A violation of a duty imposed by civil law.

Public Communications Law Lecture 5 Slide 1 Actual Malice This Requires: Knowledge of Falsity –This includes knowing that there is no basis for the story.

Defamation and Social Media, Spring 2012 Resources: Harvard’s Berkman Center EFF

Chapter 6 Business Torts and Cyber Considerations.

Libel. Libel and the Court DEFINITION: Written falsehoods that lead to defamation of character (being false AND damaging is key). This is NOT a case of.

Media Law. Media law You are the online editor of your campus newspaper. A person using a pseudonym has posted a message on your website that could be.

Torts Chapter 6. Basis of Tort Law What is a Tort? –A tort is a civil injury designed to provide a remedy (damages) for injury to a protected interest.

Libel Different types, how to avoid it This is how you keep your job.

6-1 Copyright © 2013 by The McGraw-Hill Companies, Inc. All rights reserved.McGraw-Hill/Irwin.

Equity Law No juries Injunction: a court ruling preventing some action from occurring Declaratory judgment Modification of contract Seventh Amendment:

Libel 101 A brief introduction.

Defamation/Libel Definition: The publication or broadcast of something that injures a person ’ s reputation or lowers someone ’ s esteem in the community…

Defamation and Criminal Libel JOUR3060 Communication Law & Regulation.

Chapter 14.  A false & defamatory attack in written form  On a persons reputation or character  Be careful if ▪ You are negligent in publishing ▪ Uncertainty.

Com360: Defamation. Protection of Person’s Reputation Basic human dignity: protection of one’s reputation from unjustified invasion and wrongful hurt.

Harmonizing Constitutional Rules with Common Law Privileges “Fair report” privilege and “fair comment” privilege require a degree of accuracy Qualified.

Chapter 2 Tort Law and Product Liability. Chapter Objectives After reading this chapter, you will know the following: The elements of negligence liability.

Damage to Reputation: Defamation, slander and libel.

Defamation: Common-Law Defenses and Privileges 1. The Truth Defense 2. Absolute Privileges a. Judicial Proceedings b. Legislative Business c. Executive.

Mass Media Law 17 th Edition Don Pember Clay Calvert Chapter 4.

Defamation: Constitutional. Defamation: The Constitution New York Times v. Sullivan 376 U.S. 254 (1964) Gertz v. Robert Welch, Inc. 418 U.S. 323 (1974)

Professor Ludlum UCO Updated last on 13th day of November, 2016

Kathy Olson Lehigh University

Chapter 9 TORTS.

Basic Overview of Libel

Basic Overview of Libel

Limits to the Freedom of Speech

Boundaries of Free Expression I (Libel)

Nuisance – Elements Nuisance is the cause of action you use when someone is interfering with your right to enjoy your property; but trespass is not applicable.

TORTS FOR HEALTHCARE.

Presentation transcript:

Defamation and Civil Libel JOUR3060 Communication Law & Regulation

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

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

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

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

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

Curtis Publishing vs. Butts (1967)

Falwell vs. Flynt (1988)

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

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