From the Associated Press Stylebook
MEDIA LAW
WHAT IS LIBEL?

At its most basic, libel means injury to
reputation. Words, pictures, cartoons, photo
captions and headlines can all give rise to a
claim for libel. Emotional distress is also an
element of damages in libel.
WHAT IS LIBEL?
The omission of names will not, in itself,
provide a shield against a claim for libel. There
may be enough details for the person to be
recognizable.
 The fact that police are questioning someone
about a crime does not necessarily justify the
label suspect.

WHAT IS LIBEL?
The publisher of a true and accurate quote of a
statement containing libelous allegations is
NOT immune from suit
 A newspaper can be called to task for
republishing the libelous statement of another.

JOURNALISTIC PRIVILEGES:
1. Opinion
 The rationale behind the opinion privilege is that
only statements that can be proven true or false
are capable of defamatory meaning and that
statements of “opinion” cannot, by their nature, be
proven true or false.
 Statements incapable of being proven false are
considered protected expressions of opinion, as
are epithets, satire, parody and hyperbole.
 To be protected under the opinion privilege, the
content, tone and apparent purpose of the
statement should signal the reader that the
statement reflects the author’s opinion.
OPINION PRIVILEGE:

One test followed in many states for
distinguishing fact from opinion asks:
 (1)
whether the statement has a precise core of
meaning on which a consensus of understanding
exists;
 (2) whether the statement is verifiable;
 (3) whether the textual context of the statement
would influence the average reader to infer factual
content;
 (4) whether the broader social context signals
usage as either fact or opinion.
OPINION PRIVILEGE:
In California, a false assertion of fact could be
libelous even though couched in terms of opinion,
although statements that are clearly satirical,
rhetorical, or hyperbolic continue to be protected.
This is in direct contrast to New York’s approach.
 California held that three questions should be
considered to distinguish opinion from fact:

(1) does the statement use figurative or hyperbolic
language that would negate the impression that the
statement is serious?
 (2) does the general tenor of the statement negate the
impression that the statement is serious?
 (3) can the statement be proved true or false?

OPINION PRIVILEGE:
Opinions that are offered in a context that
presents the facts on which the opinion is
based are generally not actionable.
 Opinions that imply the existence of
undisclosed, defamatory facts (if you knew
what I know) are more likely to be actionable.
 A statement that is capable of being proven
true or false, regardless of whether it is
expressed as an opinion or as an exaggeration
or even hyperbole, may be actionable.

JOURNALISTIC PRIVILEGES:
2. Fair Comment and Criticism
 Everyone has a right to comment on matters of
public interest and concern, provided they do
so fairly and with an honest purpose. Such
comments or criticism are not libelous, however
severe in their terms, unless they are written
maliciously.
JOURNALISTIC PRIVILEGES:
3. Fair Report
 A fair and accurate report of a public
proceeding cannot provide grounds for a libel
suit
 This privilege relieves a news organization of
responsibility for determining the underlying
truth of the statements made in these contexts,
precisely because the very fact that these
comments were made is newsworthy and
important regardless of whether they are
actually true.
FAIR REPORT:

Examples:
 news
report based on information provided by
police sources;
 judicial proceedings;
 an official proceeding to administer the law;
 all executive and legislative proceedings;
 the proceedings of public meetings dealing with
public purposes.
 California also includes press conferences.
FAIR REPORT:

Exceptions:
Statements made on the floor of convention sessions
or from speakers’ platforms organized by private
organizations.
 Statements made outside the court by police or a
prosecutor or an attorney may or may not qualify as
privileged, depending on the state and the
circumstances in which the statements are made.
 Statements made by the president of the United States
or a governor in the course of executive proceedings
have absolute privilege for the speaker (even if false or
defamatory), the press’ privilege to report all such
statements is not always absolute.

JOURNALISTIC PRIVILEGES:
3. Neutral Reportage
 Protects a fair, true and impartial account of a
newsworthy event.
 This privilege relieves a news organization of
responsibility for determining the underlying
truth of the statements made in these contexts,
precisely because the very fact that these
comments were made is newsworthy and
important regardless of whether they are
actually true.
DEFENSES AGAINST LIBEL:
1. Not Capable of Defamatory Meaning
 This privilege relieves a news organization of
responsibility for determining the underlying
truth of the statements made in these contexts,
precisely because the very fact that these
comments were made is newsworthy and
important regardless of whether they are
actually true.
DEFENSES AGAINST LIBEL:
2. Truth
 Most libel plaintiffs will have to prove that the
statement about which they complain is false,
but a libel defendant’s best defense is that the
statement is true and published without
malicious intent.
DEFENSES AGAINST LIBEL:
2. Fault
 Some showing of fault on the part of defendant
is a predicate to any recovery in a defamation
action.
 Differs for public vs. private individuals:
 there
are more risks to publishing matters not of
legitimate public concern about private individuals
than to publishing matters that are of public
concern, especially where they involve public
figures or public officials.
PUBLIC VS. PRIVATE INDIVIDUALS:

Public individuals:
 If
the plaintiff is a public figure or public official, the
plaintiff must establish by clear and convincing
evidence that the publication was made with actual
malice.
 It inquires into whether the publisher believed the
statement was false or whether he published it with
reckless disregard for its truth, or with awareness of
a high probability that the statement was false.
PUBLIC VS. PRIVATE INDIVIDUALS:

Private individuals:
 whether
the defendant should have known, through
the exercise of reasonable care, that a statement
was false
FIRST AMENDMENT RULES

The Public Official Rule: The press enjoys a
great protection when it covers the affairs of
public officials. In order to successfully sue for
libel, a public official must prove actual malice.
This means the public official must prove that
the editor or reporter had knowledge that the
facts were false or acted with reckless
disregard of the truth.
FIRST AMENDMENT RULES

The Public Figure Rule: The rule is the same for
public figures as public officials. A public figure
must prove actual malice. In general, there are two
types of public figures:
1. General Purpose Public Figure: An individual who has
assumed the role of special prominence in the affairs
of society and occupies a position of persuasive power
and influence. Example: Jay Leno
 2. Limited Purpose Public Figure: A person who has
thrust himself or herself into the vortex of a public
controversy in an attempt to influence the resolution of
the controversy. Example: an abortion protester on a
public street in the vicinity of an abortion clinic was
considered a limited purpose public figure

FIRST AMENDMENT RULES

The Private Figure Rule: Someone who is not a
public figure. Law for libel suits brought by private
figures varies from state to state.
A number of states (Alaska, Colorado, Indiana and New
Jersey) follow the same rule for private figures and
public figures. They require private figures to prove
actual malice.
 New York requires private figures to prove that the
publisher acted in a “grossly irresponsible manner”
when the matter published is of public concern.
 Most states require private figures to prove only
“negligence.” A careless error on the part of the
journalist could be found to constitute negligence.

DEFAMATION OF THE DEAD
Most states do not recognize a cause of action
for defamation of the dead. Many states, do,
however, permit an ongoing libel suit to
continue after the death of the complaining
person.
 For example, in New York no one can bring a
cause of action for defamation of a deceased
person unless they can demonstrate that their
own reputation has been damaged by the
defamation of the deceased.

REVIEW
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When you have any concerns about any particular statement or
opinion, the first question to ask is: is whether it is capable of
defamatory meaning.
Second, does it refer to a specific, identifiable individual?
Third, do any privileges apply? Does the opinion privilege
apply? What about the fair report privilege? Does the state
recognize any other privilege, such as fair comment and
criticism of public officials ,or the neutral report privilege?
Fourth, is the individual identified a public figure or a public
official?
Fifth, is the topic of the article one of public concern?
Finally, what investigation was done in the preparation of the
article and what sources does the article rely on?