"A method of defamation expressed by print, writing, pictures, signs, effigies, or any communication embodied in physical form that is injurious to a person's reputation, exposes a person to public hatred, contempt or ridicule, injuries to a person in his/her business or profession."
When looking at Libel Law, there are different levels to which you could sue someone for Libel. An easy way to explain it, and an example we used in class included a wet floor sign and a store.
If an individual just mopped the floor at a store and there is a wet floor sign out but you slip, you can sue the store for Libel, but you will not win because the sign was there. If there was no sign and you slip and fall, you are then able to sue with a chance to win because there was no sign to warn you.
A bigger, and more relevant example when it comes to individuals suing for Libel is this story with Angelina Jolie and Brad Pitt suing News of the World for a front page story they released detailing their alleged split. Because this information was not public, they were also able to sue for 'misuse of private information'. The information that was expressed to the public not only harmed their personal reputation, it also harmed their professional reputation and their families reputation, as their children were mentioned in the article.
Breaking Down Libel Law
A LIBEL CLAIM IS A TORT CLAIM. Tort=Harm. As it was mentioned in the definition above, when there is harm done to an individual, you are able to sue for Libel. BUT, if you want to accuse an individual of Libel, you have to prove two things.
1) The statement was false
2) and it harmed your reputation
Libel Law is also considered COMMON LAW. This mean that it LIVES AT STATE LEVEL. The three other types of law are:
1) Constitutional Law- Judiciary Branch
2) Statutory Law- Legislative Branch
3) Administrative Law- Executive Branch
7 Legal Innovations of New York Times v. Sullivan
The case New York Times v. Sullivan set a precedent for how all Libel Cases are to be viewed. Through the 7 Legal Innovations, there is now a standard for Libel Cases that the court has to follow when making their decisions.
1) Constitutionalized Libel Law
- Under the First Amendment, the plaintiff now has to show that the defendant knew the statement was false or reckless in deciding to publish the information without investigating wether it was accurate.
2) Buried seditious libel
- Americanized Libel Law
3) Created "Public Official" plaintiff
- We don't want the Government to use their power against us
4) Ended strict liability standard of fault
- Used to be if you said it or did it you were guilty. Now, no liability without fault.
5) Created Actual Malice" standard of fault
- Only public officials have to prove "Actual Malice"
- Negligence is failure to take ordinary care malice knowledge go facility or reckless disregard for the truth.
6) Affirmed truth as an absolute defense
- Used to be that even if what you said was true, you could still lose. Now, if what you said is true, you automatically win.
7) Paved way for Virginia Board of Pharmacy
- Ads had zero protection. This case got the gears turning about having protection.
For the Plaintiff
For the Plaintiff, there are 6 Essential Elements they have to show:
1) Defamatory Content
- "Libel Per Say"
- Criminal Activity
- Professional Incompetence
- Moral Failing
- Communicable Disease
2) Identification
- Third Party Recognition
- "If no one else heard or saw it, it cannot be taken to court."
3) Publication
- Broadly Defined
- "All types of communication"
4) Fault
- Actual Malice
- Negligence
5) Harm
- Tort. Have to prove harm.
6) Falsity
- Have to show that it was false
Fault has another level to it. When looking at Fault, there are 4 different categories and individual can fall under.
1) "Public Official"
- 4 P's: Purse, Personnel, Policy and Public Health and Safety
- Have to prove ACTUAL MALICE
- Case: Sullivan (1964)
2) "Public Figure"
- National Acclaim/ Household Name (Ex. Madonna, Beyonce)
- Have to prove ACTUAL MALICE
- Case: Walker v. Butts (1969)
3) "Limited or Vortex Public Figure"
- Claim limited by region or topic (Ex. Field of Study)
- Have to prove ACTUAL MALICE
- Case: Gertz (1974)
4) "Private Person"
- Have to prove NEGLIGENCE
- Case: Walters v. Sanford Harold (1976)
For these 4 categories an individual can fall under, not only does their social status have a play in where they would qualify, but what they have to prove is also dependent on that social status. I have also included links to the cases so that individuals are able to see exactly which case set the precedent for each category.
There is a lot to unpack when it comes to filing a court case for Libel. With this information though, individuals are able to now have a different view of Libel Law, as well as become more aware of the Libel Cases that happen everyday.
-Through this video, you are able to not only learn about Libel Law, but Slander and Defamation are also included.-
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