Defamation is perhaps one of the most common legal issues faced by newspaper publishers and owners. A defamation lawsuit is a common threat made by those who have been unfavorably portrayed in a news story, but defamation is difficult to prove. California law defines several elements required for a successful defamation claim. It requires publication of a fact that is false, unprivileged, has a tendency to injure or causes special damage, and shows neglect on the part of a publisher. In general, the truth is an absolute defense to claims of libel or defamation. As a newspaper owner or publisher, it’s crucial to uphold high reporting and fact-checking standards to avoid libel claims. These examples of defamation show how a newspaper can end up in court over a defamation claim.
1. Publishing False Information About a Suspect’s Guilt
When reporting on a crime, it’s important for reporters to stick to the verifiable facts and avoid reporting their own opinion as fact. Reporting that a suspect is guilty before the suspect has even had their day in court can put you at risk for a libel claim. The statement that a suspect is guilty is a demonstrable falsehood if the suspect has not been tried yet or has not received a guilty verdict. Note that this becomes significantly more complicated when it comes to courtroom reporting. If a reporter could be held liable for libel every time they reported on a witness’s testimony, it would be extremely difficult to report on judicial proceedings.
In one California case, a nonprofit organization published flyers claiming that a national retailer contracted with manufacturers that did not follow labor laws. While the court found that the statements were considered defamatory because they alleged that the retailer committed a crime, the retailer did not demonstrate that the statements were false, so the claim was unsuccessful.
2. Negatively Impacting Someone’s Professional Reputation Through Lies
When a newspaper spreads falsehoods about someone’s business dealings, quality of work, or qualifications, there can be serious consequences for the person’s livelihood. Consider, for example, a newspaper article that claims a local businessman has a long history of cheating his business partners. If the publishers knows that this is untrue or recklessly disregards the possibility of it being untrue, they could be guilty of libel. A newspaper story that accuses professionals of failing to pay employees, producing shoddy work, or falsifying their qualifications could be guilty of libel if the statements are false.
3. Repeating Someone Else’s False Statements
In some cases, newspapers repeat information from other sources or comments. If the initial source was committing libel by publishing that information, anyone who repeats those false statements could also be guilty of libel. This can get fairly complicated—much depends on whether or not the source republishing the information knew it was untrue or defamatory.
As a publisher, you want to protect your publication’s freedom without stumbling into a defamation case. It’s a tough line to walk, and if you’re at risk of a libel case, it’s important to talk to an attorney with experience in this area. Schedule a complimentary consultation now.
Lisa Grace-Kellogg Newspaper Law
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- 3 Examples of Defamation - August 20, 2019
