Law & Ethics

Question 1

What is defamation?

Answer 1

Untruth that damages a reputation.

Question 2

What is libel?

Answer 2

Written or pictorial defamation.

Question 3

What is slander?

Answer 3

Spoken or verbal defamation (does not need to be spoken in public).

Question 4

What are the five elements required of libel (all must be present)?

Answer 4

DIFDC

• Defamation
• Identification
• Fault (malice or negligence)
• Damage (in the absence of fault)
• Communication (publication/broadcast)

Question 5

New York Times vs. Sullivan

Answer 5

Major ruling for freedom of the press. Established the following:

• Malice must be proven by public figures.
• False information must have been published with wanton disregard for the truth.
• Based on US Supreme Court decision during Civil Rights era. Alabama police official tried suing NYT for defamation when NYT criticized police actions against Rev. Martin Luther King, Jr. Judge rules that the press must publish with malice, otherwise it is protected by freedom of speech.

http://en.m.wikipedia.org/wiki/New_York_Times_Co._v._Sullivan

Question 6

What are the four defenses against libel?

Answer 6

1. Truth
2. Privilege (taken from a public document)
3. Fair comment (provided in the community interest, often based on public documents or statements from elected officials)
4. Retraction

Question 7

The Four elements in violating Rights of Privacy (an individual’s right to be left alone and not be used for commercial purposes).

Answer 7

A.P.I. F.

1. Appropriation - taking of a person’s likeness or name for advertising or trade purposes without consent
2. Public disclosure of embarrassing private facts - truth not necessarily a defense regarding medical, sex crime victim ID, name of juvy offender, or embarrassing poses in a photo or video; reputation need not be harmed
3. Intrusion - invading a person’s solitude, such as audio taping or videotaping without permission
4. False light - putting a person in a false position or misleading the public; reputation need not be harmed

Question 8

Outline the 5 major articles from PRSA’s Code of Ethics:

Answer 8

1. Act professionally, with truth, fairness, accuracy and responsibility
2. Full disclosure
3. Free flow of information
4. Conflict of interest
5. Safeguard of confidences

Question 9

Three elements to prove defamation

Answer 9

Hatred
Contempt
Ridicule