Libel Defenses

Question 1

Truth

Answer 1

• an absolute defense to libel
• not the same thing as accuracy
• often difficult to prove

Question 2

Equal Time Law

Answer 2

• precedent set by WDAY case
• Equal Time Law gives broadcasters immunity from being sued for libel when they put uncensorable candidates on air
• because third party groups aren’t covered by the law, broadcasters can ask organizations to change ads if it suspects libelous or inaccurate material

Question 3

Communication Decency Act

Answer 3

• Gives ISPs complete immunity from being sued for libel for things third parties disseminate via the Internet

Question 4

Fair report privilege

Answer 4

• Immunizes the press from being sued for libel when they fairly and accurately report something that has:
• transpired as part of an official government proceeding
• is contained in documents that are officially part of a government proceeding

Question 5

Fair comment privilege

Answer 5

It protects opinions when they are grounded in fact and/or confined to the matter at hand.

Question 6

Judicial guidelines for fair comment

Answer 6

• Hyperbole: no one would take it literally
• Can’t be proven false: lacks a precise meaning
• Context

Question 7

Context

Answer 7

• Internal to the media: what kind of publication presented the defamatory statements?
• External to the media: what are the circumstances surrounding the allegedly defamatory statements?

Question 8

Retraction

Answer 8

• acts to mitigate the damage, but does not let the defendant off the hook
• a well-crafted and appropriate retraction can limit damages awarded to a plaintiff in a successful libel suit.

Question 9

California Retraction Statute

Answer 9

• media cannot always check sources for accuracy and its own stories for inadvertent publication errors
• plaintiff shall recover no more than special damages unless a demanded correction is not published or broadcast.