Defamation and Civil Libel JOUR 3060 Communication Law

Defamation and Civil Libel JOUR 3060 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 � how Libel: deals with a person’s reputation 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