DEFAMATION LAWS 101

The Power of The Pen.

Journalists' have so much power. They have the power to bring light an important event. They break stories that can change lives and they are the watchdog of society. People put their trust into journalism.

Accuracy and Truth: significant traits that have been instilled into every journalism student since day one.

 

Kirkland & Ellis LLP -- Thomas Clare 

 

Defamination & Unlawful Newsgathering Tactics: 

 

---->Basic Legal Principles: 

• Defamation - legal right not to have damaging falsehoods published about a person or company. 

1. Slander - spoken
2. Libel - written

• Journalists have no special immunity from law while investigating 

1. No immunity from criminal laws
2. Newsgathering torts

---->Legal Elements of Defamatory Claims

• False and defamatory  statement of fact
• "Of and Concerning" the plaintiff  (even if the company is not specifically named but can be pinpointed in obvious ways)
• Publication to a Third Party
  
• Actual Malice

-----> Defense in Defamation Case:  

• Fact vs Opinion
• Name Calling
• Substantial Truth
• Absolute Privilege

1. court pleadings
2. speech and debate

• Qualified Privilege 

1. "fair report"
2. "common interest"