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11 Cards in this Set
- Front
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Define Libel |
Tort or civil wrong.
Libel is the publication or broadcast of any statement that: 1. injures someone's reputation 2. lowers that person's esteem in the community
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Who can be sued for libel in the USA? |
Anyone who publishes or republishes libel, except distributors and vendors (bookstores, libraries, TV network affiliate stations, online service providers) unless they knew or should have known it was libelous |
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Who can file/bring a libel suit in the USA? |
Living persons, for-profit and non-profit corporations (and, in some states) other associations such as unions) |
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Five elements of libel plaintiffs must prove: |
1. Publication: libel must reach at least one third party besides plaintiff and defendant 2. Identification: libel must be "of and concerning" plaintiff and recognized as such by some number of readers or viewers; plaintiff need not be named for identification to occur; group identification may be enough. 3. Defamation: harms plaintiff's reputation in eyes of significant minority of average, reasonable people in community; includes libel per se and libel per quod; must consider context in which words are used, changing meanings of words; opinions based on false facts are libel 4. Falsity: specific words that convey the libel must be false; question is what story said, not waht communicator meant; omission of key facts may create false impression (defamation by implication) 5. Fault: depends on if the plaintiff is a private or public figure; must prove defendant was at fault and didn't make an innocent mistake |
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Are opinions based on false facts libel? |
Yes |
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Common causes of libel suits include statements about _________, __________, _____________ _________, __________, and _________ __________. |
crime, sex, personal habits, ridicule and business conduct. |
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Can an accurate quote of a false statement still be libel? |
Yes |
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If report is accurate but key facts are left out, can reporter still be sued for libel? |
Yes; defamation by implication if it gives false impression |
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Trade Libel |
Product disparagement; disparagement property; |
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3 elements of trade libel that must be proven by plaintiff |
1. Falsity: Plaintiff must show that the statements made against the product are false. 2. Plaintiff must show specific monetary loss because of the false comments about the product. 3. Plaintiff must show that the false comments about the product were motivated by ill will and bad feelings (actual malice) |
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Libel per quod vs. libel per se |
libel per quod: words that are innocent on their face and become defamatory only if the reader or viewer knows other facts libel per se: words that are libelous on their face |
