Defining and Recognizing Libel
The Definition of Libel, Situations of Libel & Defenses to Libel
Libel is a concept that each and every journalist should understand. Just one allegation of libel can ruin a writer's career, resulting in that individual being "blacklisted" by editors and publishers alike, as a reporter who is convicted of libel is typically viewed as a liability to a publication, website or news organization.
Notably, libel is often confused with slander. It's important to understand the difference between slander and libel; slander is spoken and therefore applies to broadcasting and public speaking, while libel is written and affects writers.
What is Libel?
Libel, simply stated, is harm to an individual’s reputation, either on a personal or professional level. Therefore, words, pictures, advertisements or cartoons that cause a person to be subject to public hatred, shame or ridicule are considered libelous.
Anyone whose work has ever been published in a book, newspaper, magazine, or on the web should be concerned with libel, as a libelous written piece, photograph, illustration or paid advertisement has the potential to not just ruin reputations – it can ruin careers of the journalists who publish this material.
There are two forms of libel: civil libel and criminal libel. Most incidents of libel will typically fall beneath the umbrella of civil libel; criminal libel results when the peace is breached by the publication of a libelous story, photograph, etc.
Where is Libel Found?
According to The Associated Press Stylebook and Libel Manual, the vast majority of libel cases are the result of a published allegation of crime, incompetence or immorality. And the majority of these cases can be linked to the usage of erroneous, vague or inexact language.
An example of this would involve a reporter writing a story that implied that two co-defendants in a court case were facing the exact same charges, when in actuality, one was facing a charge of first-degree murder, while the other was charged with second-degree murder.
Libel cases can also be rooted in the implications that are made in a story. Omitting a person’s name, for example, is not sufficient if the additional details provided clearly identify the individual.
While the majority of libel cases result from published reports of scandals and crimes, journalists must also realize that libel can arise from some very unexpected places. In his book My Life and the Times, Turner Catledge, longtime managing editor for The New York Times, recalls instances where pranksters had submitted fictitious engagement announcements that said sworn enemies had planned to wed. This illustrates how important it is for the conscientious journalist to verify even the seemingly benign claim.
Journalists must also realize that accurately reporting a libelous claim does not give them immunity to a libel suit. According to the Associated Press (AP), “Accurate reporting will not prevent libel if there is no privilege, either the constitutional privilege or the fair report privilege.”
Absolute Privilege, Qualified Privilege and Avoiding Libel
The key to avoiding libel lies in understanding what sources and proceedings can be considered privileged. When privilege is properly evoked, a claim (which may otherwise be considered libelous) is not actionable for libel. Simply reporting in an accurate manner may help a journalist avoid libel on most occasions, but it won’t always be enough.
A journalist’s best defense in a civil libel case proof that the statement in question is “provably true,” according to the AP. “Quoting someone correctly is not enough. The important thing is to be able to satisfy a jury that the libelous statement is substantially correct.” The journalist can then call upon privilege, which falls into two categories: absolute or qualified.
Absolute privilege can be called upon as a defense when citing information from an official source, such as court documents, police reports and other documents that are considered public record. It’s important to note that what falls under the category of “official” varies from state to state, therefore it is vital that a journalist be familiar with the laws within their particular jurisdiction if they are to successfully avoid libel.
Absolute privilege is rooted in the belief that a libelous statement may, in some cases, be published or broadcast in the interest of the public’s greater good. Therefore, a journalist can publish remarks made outside the arena of an official proceeding if they can prove that publishing the statement plays to the interest of the public.
Qualified privilege serves as a defense when defamatory statements are made without ill will or malice. Qualified privilege applies to cases when the written statement is published as part of an individual’s social, professional or moral duty. This is often the defense of a reporter who is accused of libel while covering a trial, as reporting testimony and statements made during the proceedings is part of the reporter’s professional duty.
In the case of editorial or opinion pieces, one is exempted from libel under the fair comment defense. The only stipulation is that one must clearly indicate that the statements are opinion, not fact.
A defense based on privilege or fair comment will be rendered useless if malice is involved. In cases where it can be proved that a journalist published a piece with malice aforethought and with the sole intent of harming an individual, then that party will be held responsible for libel.
Related Reading:
* How to Write a Newspaper Article
* How to Find a Job as a Journalist
Libel should concern all print & web journalists.
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