lecturenotes2 - Defamation Expression that tends to damage...

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Defamation Expression that tends to damage a person’s standing in the community through words that attack and individuals character or professional abilities. Injury to reputation No prior restraints, ALWAYS after publication Cannot seek injunction Civil case No liability for certain types of communicators Libel: Written or printed defamation Slander: Spoken defamation Restatement (Second) of Torts: Argues that defamation by broadcast should be treated the same as print defamation because defamation in radio and television can damage a reputation as badly as defamation in print. Any individual, business, nonprofit corporation, or unincorporated association can legally sue for lost reputation, a government may not. A relative may continue a libel suit filed by an individual who dies before the suit is concluded. Civil libel law—whereby one person or organization sues another for monetary damages —is most common, replacing criminal law, which is aimed at preventing breaches of the peace. Burden of Proof 1) Defamation, that there was defamatory language 2) Identification, that the defamation was about the plaintiff 3) Publication/Dissemination 4) Fault, negligence or recklessness 5) Falsity 6) Personal harm Defamatory Content Individuals committed a crime Incompetent or unethical practice in their profession Loathsome disease Product Disparagement/Trade Libel: Defames the quality or usefulness of a commercial product Common Law Malice: Intent to do harm
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Libel Per se: defamatory on its face; clear, unambiguous and commonly agreed upon meaning. Libel per quod: apparent only to readers ho know facts not included in the story. Defamation of groups 100+ is safe, members may be able to sue individually if groups are less than 100. Section 315 If an LQC uses a broadcast station, the station cannot be held liable for anything spoken over the air. Equal opportunities requirement; censorship prohibition; allowance of station use; news appearances exception; public interest; public issues discussion opportunities. If any licensee shall permit any person who is a legally qualified candidate for any public office to use a broadcasting station, he shall afford equal opportunities to all other such candidates for that office in the use of such broadcasting station: o Provided, that such licensee shall have no power of censorship over the material broadcast under the provisions of this section. No obligation is imposed under this subsection upon any licensee to allow the use of its station by any such candidate. Appearance by any legally qualified candidate on any – (1) bona fide newscast, (2) bona fide news interview, (3) bona fide news documentary (if the appearance of the candidate is incidental to the presentation of the subject or subjects covered by the news documentary), or (4) on-the-spot coverage of bona fide news events (including but not limited to political conventions and activities incidental
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This note was uploaded on 03/24/2008 for the course JRLC 5040 taught by Professor Lee during the Spring '08 term at University of Georgia Athens.

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lecturenotes2 - Defamation Expression that tends to damage...

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