Defamation and Libel

Defamation (otherwise known as libel or slander) is defined as an expression that injures reputation. Broadcasters and others are held to different standards of fault for statements they make (or quote others for having made or published) if the person being spoken of is a "private citizen" or a "public figure," or if the issue is of public concern. The law in the area of libel is complex.

A number of elements must be present to establish a claim of libel. These are: publication-the statement was communicated to others; identification-the statement is reasonably understood by those who know the person as referring to that person; damages-the statement caused actual injury, which can in some instances be presumed or implied from the fact of the libelous statement; and fault.

The standard of fault, which is the crucial element of a libel, varies. Truth is a defense to a libel claim. A statement about a public figure will be libelous if made with "actual malice," that is, "knowing falsity" or "reckless disregard of the truth." Steps and care taken by the program producer to ascertain the truth, to check the facts with multiple sources, and to edit will be taken into account in determining whether actual malice or reckless disregard is present.

The Supreme Court has narrowed the definition of what constitutes protected "opinion." (See Milkovich v. Lorain Journal Co., et al., 497 U.S. 1 (1990).) Pure statements of opinion which can never be proved false (or true) are fully protected as are statements of rhetoric or hyperbole. But statements of "opinion" which can reasonably be interpreted as stating or implying assertions of fact which are provable as false are not pure opinion and can constitute the basis of a defamation claim.

If the plaintiff is not a public figure or the matter is not one of public concern, state law applies in determining the appropriate standard of fault. Ordinarily, this involves concepts of simple negligence. Because the First Amendment protects speech, liability cannot be imposed without fault, and generally punitive damages will not be allowed without some showing of fault. Care in reporting and in editing is essential.