Defamation

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Defamation

• Mrs. Verpooten, Miss Wadycki, Mrs. Lolkema

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Defamation definition

• Purposefully making someone look bad with false
  statements that set up the person for public
  hatred, ridicule or loss
• Two types of Defamation
• 1. Libel written
• 2. Slander spoken

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Must prove four items

• In order to accuse a reporter of libel or
  slander, you must prove that four things
  occurred.
• All four must have happened in order for libel or
  slander to have really occurred.

• Publication
• Identification
• Falsehood
• Actual Injury

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Must prove four items

• 1. Publication someone else saw or heard the
  information
• Usually pretty obvious was it in print or not?
• But, does that make your e-mail potentially
  libelous?

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Must prove four items

• 2. Identification can you tell who the person
  is?
• Must be careful just because you use an
  anonymous source, doesnt mean people cant tell
  who it is

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Must prove four items

• 3. Falsehood is it true or not?
• But, be careful because it is hard to prove
  someone is most, least, best, worst, etc.

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Must prove four items

• 4. Injury something was damaged because of the
  statement
• Can be tricky how do you tell if someones
  reputation has been damaged?
• Its easier to tell if there is actual, numerical
  loss (like of profit, loss of job, loss of home,
  etc.)

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What if Im accused of libel?

• It doesnt happen a lot, but sometimes high
  school students are accused of libel.
• It has happened once at Lake Central.
• So what do you do?
• You look for your 5 defenses

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Five Defenses

• 1. Truth
• This is your best defense. If it is true and you
  reported it, you have done nothing wrong.

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Five Defenses

• 2. Fair Comment Criticism
• Allows for reviews. If you cannot make fair
  negative comments about a performance, movie,
  actor, actress, what would you write about if it
  really were bad?

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Five Defenses

• 3. Privilege
• If something is in an official government
  document and you report it, you cannot be held
  legally responsible for its accuracy.

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Five Defenses

• 4. Actual Malice
• If your subject is a public official or public
  figure, you have not committed libel unless you
  have intentionally printed something false.

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Five Defenses

• 5. 4 Libel Requirements not met
• If the person accusing you cannot prove all four
  of those requirements, you have nothing to worry
  about.

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But really

• Really, though, the best defense against being
  accused of libel or slander, is to do your job
  well.
• If you report accurately, you will be fine.