Libel Defenses and Media Law

Libel Defenses

• To successfully defend against a libel claim, a defendant needs to prove only one suitable defense.
• Truth is the best defense against a claim that material is false.
• Relying solely on previously published material is NOT a recommended way for news media defendants to strengthen their position in a libel case.
• Anti-SLAPP legislation protects individuals from lawsuits intended to silence speech.

Fair Report Privilege

• Under the fair report privilege, the information must come from an official government record or proceeding for protection.

Ollman v. Evans Case

• One of the key questions used to distinguish fact from opinion in Ollman v. Evans is whether the statement is verifiable.

Rhetorical Hyperbole

• A false statement that is believable and damages reputation would NOT likely be considered rhetorical hyperbole.

Section 230 of the Communications Decency Act

• Section 230 of the Communications Decency Act primarily protects Internet service providers and websites from liability for user-generated content.

Neutral Reportage

• Under neutral reportage, the accusation must be newsworthy and related to a public controversy for the defense to apply.

Dallas Morning News v. Tatum

• The Dallas Morning News won the Tatum case because the article was an opinion piece, not a defamatory news report.

Privacy Rights

• The word “privacy” is not explicitly mentioned in the U.S. Constitution.

Privacy Torts

• Defamation is NOT one of the four main privacy torts.
• Misappropriation of name or likeness is a privacy tort that applies even after a person's death.

Intrusion upon Seclusion Claim

• To prove an intrusion upon seclusion claim, a plaintiff must show that a reasonable person would find the intrusion highly offensive.

Appropriation Claim

• The most common defense for an appropriation claim is newsworthiness.

Freedom of Information Act (FOIA)

• The primary purpose of the Freedom of Information Act (FOIA) is to provide public access to federal government records.
• Freedom of speech is NOT one of the FOIA exemptions.
• The main limitation of the Freedom of Information Act (FOIA) is that it only applies to federal agencies, not state or local governments.

Bartnicki v. Vopper Case

• Under Bartnicki v. Vopper, the media can legally distribute illegally intercepted communications if they did not participate in the illegal interception and the content is of public concern.

Wilson v. Layne Case

• The ruling in Wilson v. Layne regarding ride-alongs is that allowing reporters inside violates the Fourth Amendment.

Overseeing Justice

• The Experience and Logic Test determines when a court proceeding can be closed to the public.
• A judge can limit media access to a trial to ensure decorum and a fair trial.
• Reporter's privilege is a common legal protection for journalists who refuse to reveal confidential sources.

Libel Defenses and Privileges

• Libel per se is defamatory on its face, while libel per quod requires additional context to be defamatory.

Single-Publication Rule

• The single-publication rule states that a plaintiff can only sue once for a defamatory statement, even if it is republished.

False Light Claim

• To succeed in a false light claim, a plaintiff must prove that the portrayal was highly offensive to a reasonable person.

Defenses Against Libel

• Embarrassment is NOT a defense against libel.

Protecting Privacy

• A journalist can be sued for intrusion upon seclusion if they use hidden cameras to record someone in a private place without consent.

The Booth Rule

• The Booth Rule allows media organizations to use images they have previously published in advertisements for their own work.

Public Disclosure of Private Facts

• Publishing details about a person's private medical condition without consent is an example of a legally protected "public disclosure of private facts" claim.

Defamation vs. False Light

• False light deals with misleading but not necessarily defamatory statements.

Food Lion v. ABC Case

• The Supreme Court ruled in Food Lion v. ABC that ABC was liable for fraud and trespassing, even though the story was true.