A quick guide to libel
What is libel?
Libel is any published communication that falsely harms a person’s reputation. It can occur anywhere in a newspaper or online publication. There are four elements, all of which must be proven in court:
- Publication. Plaintiff must prove the statement was communicated to someone other than the person it was about.
- Identification. If the statement in question doesn’t mention the person’s name, the plaintiff must prove that people who read it believe the plaintiff was the one identified.
- Harm. Plaintiff must prove the statement harmed his/her reputation in the eyes of the community.
- Fault. Negligence: Failure to exercise ordinary care. A private person must prove this. Actual malice: Knowledge of falsity or reckless disregard for the truth. A public person or public official must prove this.
How can I avoid libel?
- Confirm or verify all defamatory material.
- Make sure that questionable material can be proven true.
- Be especially careful of arrest reports, damage suits and criminal court proceedings.
- Watch out for charges, assertions and claims – it doesn’t matter whether we’re saying it or we’re quoting someone else directly. If we print it, we’re responsible for it.
- Libel can be found not only in news stories, but also letters to the editor, cartoons, classified ads, display ads and electronic publications. Again, it doesn’t matter who’s saying it. If we print it, we’re responsible for it.
- Words such as alleged and reported are not protections against libel.
- Be careful of unofficial statements made by police, or by court officials outside the classroom.
- Truth is a defense. Good intentions are not. It doesn’t matter how you intended something to be perceived. What courts look at is how it was perceived.
- Running a correction (the legal term is retraction) is not a defense, but doing so can reduce punitive damages if you’re sued for libel and lose.
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