Libel Flashcards
What is libel?
A published, false statement that is damaging to a person’s reputation.
What is slander?
The same as libel, but is oral/said instead of published/written.
How is libel proven?
- Defamation
- Identification
- Publication
- Fault via negligence
- Prove damages
What is defamation?
Spreading false reports that injure someone’s reputation. (Note: Terms change with time - ex. “communist”)
What is identification?
Naming directly or providing enough information in context so that the person is known.
How is publication relevant?
It must go to a 3rd party - not just a note between two friends.
What is negligence?
Prove that someone wasn’t doing their job. (ex. not checking out what is obviously dicey information)
What is privilege?
Protection via reporters quoting of public documents or speeches.
Explain the situation for libeling a public person.
Public people have forfeited some privacy because they are putting themselves in the spotlight.
What are compensatory damages?
Paying back for harm done to business or the ability to produce income.
What are the defenses for libel?
- If it’s the truth
- Privilege
- Fair comment + opinion based on facts
What are the top four ways to avoid libel that apply to “The Griffin”?
- Multiple sources
- Careful editing
- Reaction from opposing side
- Honest, reliable sources
What qualifies as intrusion and how do you avoid it?
Misrepresenting yourself, trespassing, hidden camera/recorder.
What is false light and how do you avoid it?
Portraying someone so that they look bad by implying something about them.
State the results of the Supreme Court’s Hazelwood case as well as the concerns of those who oppose the ruling.
PRIOR REVIEW - with school sponsored newspapers, administrators have the right to review all articles.
Most administrators avoid prior review because they are at risk for libel.
