1. Libel 101
A brief introduction

2. Six elements of libel
• Defamation

3. Six elements of libel
• Defamation
• Identification

4. Six elements of libel
• Defamation
• Identification
• Publication
– Libel versus slander

5. Six elements of libel
•
•
•
•
Defamation
Identification
Publication
Falsity
– Seditious libel: “The greater the truth, the
greater the libel”
– John Peter Zenger trial, 1735

6. Six elements of libel
•
•
•
•
•
Defamation
Identification
Publication
Falsity
Injury

7. Six elements of libel
•
•
•
•
•
•
Defamation
Identification
Publication
Falsity
Injury
Fault

8. Times v. Sullivan
• 1964 case involving advertisement on
behalf of Martin Luther King Jr.

9. Times v. Sullivan
• 1964 case involving advertisement on
behalf of Martin Luther King Jr.
• Libel suits brought by public officials could
stifle free and robust debate of public
issues

10. Times v. Sullivan
• 1964 case involving advertisement on
behalf of Martin Luther King Jr.
• Libel suits brought by public officials could
stifle free and robust debate of public
issues
• For the first time, the courts decide that
the media must be at fault — “actual
malice”

11. What is “actual malice”?
• Knowingly false

12. What is “actual malice”?
• Knowingly false
• Reckless disregard for whether something
is true or false

13. What is “actual malice”?
• Knowingly false
• Reckless disregard for whether something
is true or false
• This new standard applied to public officials
— later to public figures, too

14. Fault and private figures
• Libel was previously a “no fault” tort

15. Fault and private figures
• Libel was previously a “no fault” tort
• Supreme Court briefly applied the “actual
malice” standard to private figures

16. Fault and private figures
• Libel was previously a “no fault” tort
• Supreme Court briefly applied the “actual
malice” standard to private figures
• Finally arrived at the “negligence” standard

17. What is negligence?
• Failure to exercise the care that a
reasonable person would show in verifying
truth

18. What is negligence?
• Failure to exercise the care that a
reasonable person would show in verifying
truth
• What about relying on police reports?

19. Libel defenses
• Truth
– Journalism is protected if it is “substantially”
true

20. Libel defenses
• Truth
• “Fair report” privilege
– Public officials’ libelous comments may only be
quoted if uttered in a public, official setting
– Knowledge of falsity can negate this defense
– Lawsuits and other public documents may be
quoted from without penalty

21. Libel defenses
• Truth
• “Fair report” privilege
• Fair comment and criticism
– Does not protect provable assertions of fact
• Protected: It is my opinion that Smith is a jerk
• Not protected: It is my opinion that Smith is a drug
addict

22. Libel defenses
•
•
•
•
Truth
“Fair report” privilege
Fair comment and criticism
“Wire service” defense
– A news organization can’t be successfully sued
for running a libelous wire-service story
– Unless news organization has knowledge that
story is false

23. “Steps for Avoiding
Libel Suits” (Bender)
• Fully identify all sources
– Complete name with middle initial
– Age
– Address

24. “Steps for Avoiding
Libel Suits” (Bender)
• Fully identify all sources
• Always obtain comment from those who
are attacked or criticized

25. “Steps for Avoiding
Libel Suits” (Bender)
• Fully identify all sources
• Always obtain comment from those who
are attacked or criticized
• Be thorough in finding sources and
reviewing documents

26. “Steps for Avoiding
Libel Suits” (Bender)
• Fully identify all sources
• Always obtain comment from those who
are attacked or criticized
• Be thorough in finding sources and
reviewing documents
• Be careful with confidential sources
– Try to avoid using them
– Never use them to attack someone

27. “Steps for Avoiding
Libel Suits” (Bender)
• Fully identify all sources
• Always obtain comment from those who
are attacked or criticized
• Be thorough in finding sources and
reviewing documents
• Be careful with confidential sources
• Don’t rush a non-breaking-news story