Reference: Libel

Libel

Libel is written defamation. This means that you’ve written something that has unjustly damaged someone’s character, reputation or standing in the community. Libel can appear in most anything that appears in print, including headlines, captions, advertisements, stories, columns, letters to the editor, etc.

When courts consider libel cases, they usually look at four categories to determine if a person’s reputation has been damaged. According to our text, these categories are:

1.    Accusing a person of a crime.

2.    Damaging a person in his or her public office, profession or occupation.

3.    Accusing a person of serious immorality.

4.    Accusing someone of having a loathsome disease. 

Libel is:

·      Material that is false.

·      Material that is published.

·      Material that identifies the person being libeled.  This can be done any number of ways, including with initials, nicknames, descriptions, uncaptioned photographs, drawings or cartoons.

·      Material that is presented as factual, not as opinion.

·      Material that defames or in any way injures the person’s reputation or standing in his or her community.

·      Material that results from negligence or actual malice. Negligence occurs when a writer or a publication publishes a falsehood as a result of failing to observe the normal standards of journalism. Actual malice occurs when a writer or a publication publishes a story with knowledge that it is false or with reckless disregard for its veracity.

Defenses for libel:

• Statute of limitation is one year.
• Truth.  You must be able to prove that what you wrote is true. 
• Matter of public record.  Any public records, like court records, congressional records or any other records that the public can get copies of are safe for you to report in the newspaper.
• Privilege. You will be protected when reporting fairly and accurately on any member of the three branches of government who is exercising absolute privilege. They can say anything at work while making or carrying out laws, and you can quote them.  
• Fair comment and criticism.  You have the right to review the work and the performances of persons and groups that offer their efforts for public approval or whose work affects the public.
• Constitutional or First Amendment defense (a.k.a. Fair and Accurate Report). This allows the media to freely and openly discuss public matters and to report on public meetings, proceedings and documents.
• Absence of actual malice.