1. COMMUNICATION LAW Chapter 20

2. Communication Law Preview Libel— –Libel is defamation (injury to someone’s reputation) by written words or by communication in some other tangible form –Six things a plaintiff (someone alleging libel) must prove- defamation, identification, publication, falsity, injury and fault (p. 545-6) –Three main media defenses- truth; fair-report privilege; fair comment and criticism (p.552-3) –Legal differences between “public officials,” “public figures,” and “private individuals”

3. Step for Avoiding Libel Suits (p.555-6) Make sure everything in story is newsworthy ID everyone fully Include responses from those attacked Seek evidence to confirm attacks and denials Seek all relevant sources and documents Consider source’s motives for allegations Explain sources credibility problems Avoid confidential or anonymous sources Never use such sources for attacks on a person Quote documents clearly and accurately Don’t rush to publish or broadcast prematurely Keep all newsgathering materials—notes, tapes

4. Privacy Issues The law recognizes four kinds of invasion of privacy : (p.556) –Intruding on a person’s seclusion or solitude –Giving publicity to private facts –Placing a person in a false light –Appropriating a person’s name or likeness for one’s own benefit

5. Invasion of Privacy Types A lawsuit for intrusion requires that one person intentionally intrude on the solitude or seclusion of another in a manner that would be highly offensive to a reasonable person (“highly offensive” standard applies to all types) Lawsuits for publicity to private facts are a way people can receive damages when their secrets are revealed A false-light invasion of privacy lawsuit protects people from being portrayed inaccurately (similar to libel– difference is libel redresses reputation injury while false light protects a person’s right to be left alone) Misappropriation– anyone who uses the name or likeness or another for his/her own use or benefit may be sued for invasion of privacy by misappropriation (using a person’s name or likeness in an advertisement is the most common form)

6. Newsgathering Issues (p.562-9) Access to nonjudicial events and records –Sometimes authorities will try to prevent coverage –Be aware of public/private property settings/situations –Reporters (and citizens) can access government records via the Freedom of Information Act (FOIA) –Sunshine Acts keep many government meetings open to the press and the public Access to judicial proceedings –Trial judges must protect both the right of a defendant to a fair trial and freedom of the press– closing court to press can be very controversial –A judge may issue a “gag” order prohibiting reporters from publishing certain information even when they learn it in open court. But the U.S. Supreme Court has ruled such orders are unconstitutional unless: A defendant’s trial may be prejudiced by news coverage No alternative to such “prior restraint” would protect the trial A prior restraint would be effective in preventing prejudice

7. Newsgathering issues (more) Protecting confidential sources/information –Some stories (some of the best ones) may require reporters to use and trust confidential sources who will provide information only if they know their identities are safe –Sometimes law enforcement and court officials, legislative bodies or administrative agencies demand the names of a reporter’s confidential sources or other info the reporter wants to protect. Failure to comply can result in a contempt of court charge, a fine and/or jail even for the reporter –The U.S. Supreme Court recognizes no First Amendment right for reporters to refuse to testify about confidential sources –But federal and state “shield” laws specifically guarantee a journalist’s right to protect confidential sources or information ###