Chapter Overview

The Libel Landscape:

Libel is the most common legal problem faced by persons who work in the mass media. In the 1980s the press was hit by a large increase in the number of libel suits, but that trend may be abating. Many libel suits are filed to harass or silence the press by plaintiffs who do not expect to win the case. Many attempts have been made to try to resolve this problem. Researchers have demonstrated that most libel plaintiffs are unhappy about their experiences in litigation and would not sue if the mass medium simply corrected or retracted the libelous statement. The press, however, seems reluctant to follow this strategy. More ambitious schemes to resolve the libel problem have generally met with opposition or indifference from the press and from organizations of trial lawyers.

Elements of Libel:

A plaintiff in a libel suit must first prove that the defamatory material was published; that is, that one additional person besides the plaintiff and the defendant has seen the material. The plaintiff must next show that the libel is of and concerning him or her. An individual can be identified for purposes of a libel suit by a name, nickname, photograph or even through a report of circumstances. Statements made about a very large group of people cannot be used as the basis for a libel suit for a single member of that group. However, if the group is smaller, individual members of the group may be able to sue for comments made about the entire group. The plaintiff must also prove that the words in the offensive statement are defamatory; that they lower his or her reputation. The most common kinds of defamatory statements contain allegations about criminal acts or sexual impropriety, include comments about personal habits or characteristics, or reflect on the plaintiff's patriotism, political beliefs, or competence and qualifications in a business or occupation. Corporations or other businesses can be defamed, and the manufacturer of a product can sue, with great difficulty, for product disparagement. In lawsuits against the mass media the plaintiff normally must prove that the damaging statements are false. The evidence presented in court must go to the heart of the libelous charge; the gist or sting of the libel must be false. Minor errors, unless they relate directly to the gist of the libel, will not usually result in a finding of falsity. The test of falsity is whether the proven truth leaves a different impression of the plaintiff in the minds of the jury than the impression created by the defamatory falsehood.