Term
|
Definition
The publication or broadcast of any statement that:
- injures someone's reputation or
- lowers that person's esteem in the community
|
|
|
Term
|
Definition
Strategic
Lawsuits
Against
Public
Participation |
|
|
Term
Why do people file S.L.A.P.P. suits? |
|
Definition
| Plaintiffs file libel suits to slience critics, but not all states have laws protecting journalists/citizens from S.L.A.P.P. suits. |
|
|
Term
What are the 5 Criteria of Libel Law? |
|
Definition
- Publication
- Identification
- Defamation
- Falsity
- Fault
|
|
|
Term
|
Definition
When one person, in addition to the writer and the person defamed, sees or hears the material |
|
|
Term
What is the Republication Rule? |
|
Definition
Every republication of libel is a new libel
BUT
distributors are exempt from the rule as long as they did not have scienter (guilty knowledge) of the contents before distribution
|
|
|
Term
Publication on the Internet |
|
Definition
Online Service Providers are liable for libelous informaiton if they are the creator or the originator of the material
BUT
they are protected if they are just the transmitter |
|
|
Term
|
Definition
The defamatory statement is "of or concerning him/her" and can be identified by name, nickname, photograph, or references that would identify only one person |
|
|
Term
|
Definition
| Statements made about a very large group cannot be used as the basis for a libel suit by one member of the group. But if the group is small, individual members may be able to bring a libel suit for comments made about the entire group. |
|
|
Term
|
Definition
Libel per se: words that are libelous on their face
Libel per quod: words that are innocent on their face and only become defamatory when other facts are known, depends on the context and interpretation |
|
|
Term
Defamation Considerations |
|
Definition
Juries & Judges consider:
- Words in light of their ordinary meaning
- Innuendo as potentially defamatory
- Words in context of entire piece
- Pure opinion is not defamatory
|
|
|
Term
|
Definition
Libel suits can arise from:
- Imputations of criminal behavior
- Sexual references and implications
- Personal habits
- Ridicule
|
|
|
Term
|
Definition
Not every plaintiff must meet this requirement
If "matter of public concern," private-person only need to prove falsity
If not, defendant must prove it's true
And it must go to the heart of it issue |
|
|
Term
|
Definition
There are two parts:
Actual Malice and Negligence |
|
|
Term
|
Definition
Two Parts
- Knowledge of Falsity
- Reckless Disregard for the Truth
|
|
|
Term
|
Definition
If the defendant (person who did the defaming) lied and the plaintiff (target of the defamation) can prove it, actual malice has been shown |
|
|
Term
Reckless Disregard for the Truth |
|
Definition
| A high degree of awarness of the probable falsity of the defamatory material when it was published or sufficient evidence to permit the conclusion that the defendant in fact entertained serious doubts as to the truth of the publication |
|
|
Term
3 Jury Considerations for Reckless Disregard for the Truth |
|
Definition
- Whether there was time to investigate the story or whether the material had to be published quickly
- Whether the source of the information appeared to be reliable and trustworthy
- Whether the story itself sounded probable or farfetched
|
|
|
Term
Who has to prove Actual Malice? |
|
Definition
Public officials must prove Actual Malice when:
- The way the plaintiff conducts him/herself in public office or
- the plaintiff's general fitness for the job
Otherwise, they are private figures |
|
|
Term
|
Definition
| Implies the failure to exercise reasonable care |
|
|
Term
|
Definition
- Reliance on an untrustworthy source
- Not reading or misreading pertinent documents
- Failure to chekc with an obvious source
- Carelessness in editing and news handling
|
|
|
Term
Who has to prove Negligence? |
|
Definition
Only private persons need to prove negligence, they don't have the same remedies to rectify defamatory claims |
|
|
Term
3 Types of Public Figures |
|
Definition
- Public Official
- All-Purpose Figure
- Limited Purpose Public Figure
|
|
|
Term
|
Definition
People involved in public affairs, on the government payroll that are in a position that "induces" public scrutiny
They have the power to make decision, spend money, operate without direct supervision and directly affect the public |
|
|
Term
Public Officials & Actual Malice |
|
Definition
| Public officials only have to prove actual malice if it involves their role of a job, if not, they are considered private figures |
|
|
Term
|
Definition
People who are always a public figure in all context & all situations whether they are actively seeking attention or not
People are instantly recognizable and have pervasive media exposure
Position has such great power, authority or notoriety |
|
|
Term
Limited Purpose Public Figure |
|
Definition
Person who has voluntarily entered the spotlight concerning a particular issue or situation
only a public figure concering that issue |
|
|
Term
3 Criteria of Limited Purpose Public Figures |
|
Definition
- Public controversy must exist before publicaiton or broadcast of the libelous matter
- Plaintiff must have voluntarily participated in this controversy
- Plaintiff must be actively seeking to influence public opinion
|
|
|
Term
Involuntary Public Figure |
|
Definition
| Usually voluntary, though not always. Someone cannot make you a public figure just by defaming you |
|
|
Term
|
Definition
| If plaintiff does not meet the definition of public official, all-purpose public figure, or limited-purpose public figure, the court regards them as a private person. They only need to prove negligence and they don't have the same remedies to rectify defamatory claims |
|
|
