Chapter 4 – Libel and Emotional Distress
The Plaintiff’s Case:
Libel law is meant to protect an individual’s reputation. It allows a claim to be filed against the party one believes is responsible to tarnishing their reputation.
One’s reputation has been held as valuable for centuries. Slander is usually spoken words and libel is written words (and often more severe)
Libel laws accomplish three things when a defendant loses: 1) plantiff is compensated for reputation and emotional losses, 2) the defendant is punished, 3) The defendant and others are deterred from repeating the libel action.
A Brief History:
Libel law have evolved over time. Many people believe libel laws are stepping on their First Amendment rights. SLAAP (strategic lawsuit against public participation) is an example of this, defined as, a lawsuit whose purpose is to harness critics to suppress those critics’ First Amendment rights. Some states have enacted anti-SLAPP legislation so as to not step on First Amendment rights.
Contemporary Issues:
Communication technology and the rise of the global digital age has opened a massive, hard to control outlet for libel. Libel laws make sure the media is newsgathering and decision-making processes are open to the public to hold the media responsible. Libel laws weigh right to secure a reputation against rights of others to speak on a related issue of importance.
The Elements of Libel: The Plaintiff’s Case:
In defamation cases, the plaintiff must prove libel. Libel has to be a claim that is fact and not just opinion. Publication, identification, defamation, falsity, fault, and actual malice all need to be proven to have happened.
Publication: The plaintiff is required to show the negative statement toward them was not made in private, but in a public manner. The original person spreading libel is not the only one who can get in trouble. Known as a “republisher”, a person who retells or shares the libel information is also doing wrong….even if they believe the false accusation of the original person spreading the false news. Vendors and distributors of libel information are excluded from the republisher rule. An example is if a vendor sells a magazine with libel, and they would not be responsible for that content. A reporter, or even blogger, who published an article with information they thought true, but was really libel, would be responsible as they are not excluded from the republisher rule as vendors and distributors.
Identification: The plaintiff must prove the defendant was the target of the libel.
Defamation: The plaintiff must prove their reputation was damaged by the libel. This can relate to individuals, businesses, or even an entire trade (i.e. – pink slime at Beef Products, Inc.)
Falsity: The plaintiff must prove the statement in question is in fact false.
Fault: The plaintiff has to prove the defendant is making a statement they know is false.
Actual Malice: The plaintiff must prove the defendant is purposefully telling false information with “disregard for the truth.”
Emotional Distress is harm done beyond that of damage to reputation. Emotional stress is “considerable mental pain of anguish.” Emotion distress can be done intentionally or unintentionally (known as negligent infliction of emotional distress. The plaintiff must prove emotional stress was caused in result of the libel.
Interestingly, the rules for libel charges, specifically emotional distress complaints are much different for public figures as compared to private individuals. In fact, in the case Hustler Magazine Inc. v. Falwell, a satirical ad may have caused Falwall, public figure, emotional distress, the ad content was not a falsification. Rather, it was a joke. Falwell was not able to collect any damages from Hulster from the case.
Journalism & Law 