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| The reluctance of journalists to pursue controversial topics for fear of libel suits. |
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| As a factor in libel cases, communication refers to the fact that a newspaper story has been published, a broadcast story has gone out over the airwaves, or material on the Internet has been exposed to the public. |
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| All-Purpose Public Figure |
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| For libel purposes, a public official or celebrity whose name is a "household word." |
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| A general term, found in some state laws, used to refer to both libel and slander. Known in some states as INJURIOUS FALSEHOOD. |
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| Fair comment and criticism |
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| A defense in libel cases that applies to forms of opinion writing such as editorials columns, and entertainment reviews. |
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| Legal actions taken by individuals claiming they were defamed by criticism of the group |
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| A general term, found in some state laws, used to refer to both libel and slander. Also known as DEFAMATION |
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| Involuntary public figure |
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| A person who does not seek the spotlight but is thrust into it by circumstance, such as being the witness to a well-publicized murder |
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| A form of falsehood stated directly |
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| A form of falsehood that is implied rather than directly stated |
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| An otherwise private person who is considered a public figure (for libel purposes) only in connection to a specific news story or issue. Sometimes referred to as a vortex public figure |
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| The intent of a communicator to disseminate information known to be false. Also known as ACTUAL MALICE or RECKLESS DISREGARD FOR THE TRUTH |
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| An extension of the privilege defense; applied to news sources other than legal or governmental proceedings, such as interviews. Not recognized by all courts. |
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| A libel defense in which information cannot be subject of libel action if it is announced at a government meeting or during a legal proceeding |
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| A form of libel in which the subject is a company's product rather than the company as a whole |
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| For libel purposes, an individual such as a public official, entertainment celebrity, or well-known professional or amateur athlete. courts have ruled that businesses and non-profit organizations with a high degree of name recognition are the equivalent of public figures for libel purposes. |
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| Based on court rulings, a public figure is an individual who serves in public office, campaigns for public office, or participates in policy development |
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| A clear exaggeration or falsehood that is not intended to be taken seriously by the audience. Sometimes used as a defense in libel cases, but it is not recognized by all courts. |
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| Provides limited protection for newspapers or other media outlets that publish or broadcast defamatory information derived from wire service reports |
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| The unauthorized use of a person's nature, image, likeness, or voice for commercial purposes. sometimes called MISAPPROPRIATION |
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| A ruling by the Supreme Court that newspapers and magazine may use their own news photos for sefl-promotion, provided the photos were newsworthy in their original context |
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| A common-law principle that permits journalists to publish or broadcast the names of crime victims, juvenile suspects, or subjects of governmental investigations provided the information is truthful, part of the public record, and is legally obtained. Originally applied to the 1975 Supreme Court case Cox v. Cohn |
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| The presentation of information about an individual that is not false per se but which is misleading or embarrassing |
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| Intentional infliction of emotional distress |
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| A tort in which one party accuses another of intentionally infliction emotional distress |
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| The unauthorized invasion of a person's privacy by physical, photographic, or electronic means |
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| A slang term for freelance photographers who pursue and sometimes harass celebrities. The term was derived from a character in the 1960 film La Dolce Vita but became more widely used following the 1997 death of Princess Diana |
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| An area of privacy law pertaining to the details of one's life that (a) would be highly offensive to a reasonable person, and (b) are not of legitimate interest to the public |
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| A defense commonly used in private facts cases; it refers to information that has been previously published, broadcast, or is generally known; takes place at a public event; is contained in a government document; or is released at a governmental meeting |
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| The right of entertainers and celebrities to control the use of their names and images for promotional purposes |
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| A principle that a state shield law does not apply in cases in which a journalist has witnessed a crime. From the 1972 Supreme Court case, Branzburg v. Hayes |
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| Materials used by journalists in their research, such as photocopies or microfilm printouts of government documents or court records. These materials are subject to less protection than work product materials. |
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| A portion of a governmental meeting that is closed to the public and the media; usually invoked to protect the privacy of individuals or the confidentiality of information. |
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| A judge's order to participants in a legal proceeding not to discuss the case outside of the courtroom. When applied to the media, it restricts their ability to publish or broadcast details of the case |
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| An arrangement, usually mandated by a judge, in which access to a courtroom or similar location is limited to a small number of journalists, photographers, and videographers, who then share information, still photographs and video with other media outlets. |
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| A three-part standard for overruling a state shield law: the journalist has knowledge of a specific crime; the information is unavailable from other sources; and the court's need to obtain the information is more important than the journalist's need to keep it secret. |
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| A common-law principle that allows journalists to protect their information and sources; often applied in states without shield laws. |
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| A court order allowing law enforcement officers to search a resident or place of business |
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| a state statue that allows reporters to protect information and sources. A COMPREHENSIVE SHIELD LAW protects both the information and the identity of the sources; a LIMITED SHIELD LAW protects the sources but not the information |
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| A court order requiring the appearance in court of an individual or the production of documents |
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| A collective term for state laws that require governmental bodies to meet in public |
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| Materials produced by a journalist in the course of his or her work, including handwritten notes, audiotapes, videotapes, computer disks, and drafts of stories not yet published. Work product materials are subject to a greater degree of protection than documentary materials. |
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| A document issued by a court of government official instructing a government agency to comply with a request; often used in cases involving request filed under the Freedom of Information Act or state public records laws |
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| An FCC rule that required broadcasters to air a diversity of views in their coverage of political and social issues. The rule was repealed in 1987. |
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| An FCC rule that requires broadcasters to limit indecent programming to the hours of 10 pm to 6 am |
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| A network of military computers developed in the 1950s in order to allow communication among government agencies and military installations in the event of nuclear war or other national emergency; ArpaNet is the forerunner of today's Internet |
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| Another forerunner of today's Internet, this network was created in the 1980s to connect businesses, research centers, and universities. |
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| A crime in which the person's information is used to open bank accounts and credit card accounts to be used for fraudulent activities. |
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| A method of sending out commercial messages in order to induce recipients to provide personal information that may later be used fraudulently |
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| Unwanted commercial messages received by electronic mail, may of which are sexually explicit in nature and/or associated with potentially fraudulent enterprises. |
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| The method of disguising commercial electronic mail messages to appear to be personal in nature. |
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