Unprotected Speech: Libel What is libel? Occurs when a published or broadcast statement unjustly exposes someone to hatred, makes that person seem ridiculous,

Unprotected Unprotected Speech:Speech:

LibelLibel

What is libel?What is libel?

Occurs when Occurs when a published or a published or broadcast statementbroadcast statement unjustly unjustly exposes someone to hatred, makes exposes someone to hatred, makes that person seem ridiculous, or that person seem ridiculous, or damages that person’s earning damages that person’s earning power or reputationpower or reputation..

Closely related is Closely related is slanderslander,, the spoken the spoken form of libel.form of libel.

Libel legal processLibel legal process

Libel cases are Libel cases are civilcivil suits suits.. AnyoneAnyone associated with the production associated with the production

of libelous material of libelous material may be suedmay be sued.. Any printed informationAny printed information can be can be

libelous.libelous. PlaintiffPlaintiff (person suing) must prove (person suing) must prove

defamation.defamation. Award for plaintiff is Award for plaintiff is moneymoney..

What are the five areas that make up What are the five areas that make up a libel case?a libel case?

To win a libel suit, the plaintiff must To win a libel suit, the plaintiff must prove...prove...

Statement was Statement was FALSEFALSE Statement was Statement was DEFAMATORYDEFAMATORY or or

harmfulharmful Statement was Statement was PUBLISHEDPUBLISHED Source is Source is IDENTIFIEDIDENTIFIED clearly clearly Reporter must be at Reporter must be at FAULT FAULT (negligence (negligence

or actual malice)or actual malice)

How can I defend myself in a How can I defend myself in a libel suit?libel suit?

A A defendant defendant (or reporter)(or reporter) can defend can defend himselfhimself against a libel suit if he against a libel suit if he proves:proves:

Truth – Truth – ConsentConsent Fair Comment & Criticism Fair Comment & Criticism PrivilegePrivilege

TruthTruthCan you Can you prove facts were true to a juryprove facts were true to a jury? Be ? Be

sure your witness/source will testify to it!sure your witness/source will testify to it!

Just because you can attribute it to a Just because you can attribute it to a source, doesn’t mean you’re safe. source, doesn’t mean you’re safe. If what If what the source says is untruethe source says is untrue, you’re in , you’re in trouble.trouble.

ConsentConsent

If someone If someone gives you permissiongives you permission to print a libelous statement to print a libelous statement about him, he about him, he can’t sue you can’t sue you laterlater..

Fair Report PrivilegeFair Report PrivilegeYou may report on You may report on newsworthy events and public newsworthy events and public

controversies.controversies.

The The public has a right to knowpublic has a right to know what goes on in what goes on in public places, especially in court or in the public places, especially in court or in the legislature.legislature.

Fair Comment PrivilegeFair Comment Privilege

Reporters Reporters are free to give an opinionare free to give an opinion on books, records, movies, etc.on books, records, movies, etc.

This gives freedom This gives freedom to write a bad to write a bad reviewreview as long as it’s based in facts as long as it’s based in facts or on the performance.or on the performance.

How can I avoid a libel suit?How can I avoid a libel suit?

Prompt Retraction or CorrectionPrompt Retraction or Correction

This is both an This is both an ethical and legal ethical and legal responsibilityresponsibility..

It proves that your actions weren’t It proves that your actions weren’t malicious or intentionally harmfulmalicious or intentionally harmful

Double and triple check your Double and triple check your factsfacts for anything questionable for anything questionable and and document that checkingdocument that checking..

Practice fairnessPractice fairnessGive Give both sides of the issue a both sides of the issue a

chance to commentchance to comment in the in the storystory

Is libel different for Is libel different for famous people?famous people?

Regular citizens need to prove the Regular citizens need to prove the reporter reporter acted negligently or that acted negligently or that they were careless or lazythey were careless or lazy

Public officials and figures must Public officials and figures must prove the reporter prove the reporter acted with acted with “actual malice” or “reckless “actual malice” or “reckless disregard for the truth”disregard for the truth”

Libel Red FlagsLibel Red Flags

AlcoholicAlcoholic

AIDSAIDS

BankruptBankrupt

BlackmailBlackmail

Child AbuseChild Abuse

Drug AddictDrug Addict

GayGay

HypocriteHypocrite

InfidelityInfidelity

Mental IllnessMental Illness

ProstituteProstitute

ScamScam

UnprofessionalUnprofessional

UnethicalUnethical

Can you recognize libel?Can you recognize libel?

In pairs, discuss the following In pairs, discuss the following scenarios and answer the scenarios and answer the question, based on the notes on question, based on the notes on libel.libel.

Be prepared to discuss each Be prepared to discuss each scenario.scenario.

Scenario #1Scenario #1

A football coach tells you he’s A football coach tells you he’s benching the school’s star benching the school’s star quarterback because “he’s been quarterback because “he’s been lazy and stupid. His head’s not in lazy and stupid. His head’s not in the game-he’s too busy partying the game-he’s too busy partying and having too much fun with the and having too much fun with the girls.” girls.”

Can you print that quote?Can you print that quote?

Scenario #2Scenario #2

A local jazz musician dies. You’re A local jazz musician dies. You’re collecting quotes for a profile collecting quotes for a profile about her, and one woman says, about her, and one woman says, “She was a brilliant pianist, but “She was a brilliant pianist, but the heroin turned her into a thief the heroin turned her into a thief and a prostitute.” and a prostitute.”

Can you print that comment?Can you print that comment?

Scenario #3Scenario #3

After a weeklong manhunt, police After a weeklong manhunt, police finally track down Daryl Lickt and finally track down Daryl Lickt and arrest him for murdering his wife. arrest him for murdering his wife. In the story about his arrest, you In the story about his arrest, you refer to Lickt as “the alleged refer to Lickt as “the alleged murderer.” murderer.”

Is it safe to say that?Is it safe to say that?

Scenario #4Scenario #4

In a story about the hiring of a new In a story about the hiring of a new principal at your school, you principal at your school, you interview a teacher who previously interview a teacher who previously worked with the new principal. She worked with the new principal. She says of the man, “He was says of the man, “He was completely incompetent. He never completely incompetent. He never kept accurate records and never kept accurate records and never supported his teachers. He was a supported his teachers. He was a total hypocrite.” total hypocrite.”

Can you print that comment?Can you print that comment?

Scenario #5Scenario #5

A coach at the school abruptly quits A coach at the school abruptly quits amid rumors that he verbally amid rumors that he verbally abused his players. abused his players.

Can you report that those rumors Can you report that those rumors exist?exist?