Chapter Overview

Summary Judgment/Statute of Limitations:

A libel suit must be started before the statute of limitations expires. Each state determines how long this period will be. In all states it is one, two, or three years. A libel suit started after the expiration of the statute of limitations will be dismissed.

Privileged Communications:

The publication of defamatory material in a report of a public meeting, legislative proceeding, or legal proceeding or in a story that reflects the content of an official government report is conditionally privileged. The privilege extends to the meetings of all public bodies, to all aspects of the legal process, to reports and statements issued by members of the executive branch of government, and even to nonofficial meetings of the public in which matters of public concern are discussed. Such reports cannot be the basis for a successful libel suit as long as the report presents a fair (balanced) and accurate (truthful) account of what took place at the meeting or what is contained in the record.

Protection of Opinion:

Statements of opinion are often immune to a successful libel action. The courts have said that rhetorical hyperbole--broad, exaggerated comments about someone or something--are obviously not assertions of fact and cannot stand as the basis for a successful libel suit. The Constitution also protects statements of opinion, but only pure opinion, according to the Supreme Court. Opinion statements that imply the assertion of falsehoods are not protected. The Supreme Court has ruled that the test to determine whether a statement is opinion or not is whether the statement may be proved false. Other courts have applied somewhat broader tests for opinion that focus on the ordinary meaning of the words and the journalistic and social context of the statement in addition to whether the statement can be proved to be false. Finally, opinion is protected by the common-law defense of fair comment. A plaintiff cannot recover damages for an opinion statement about a subject of legitimate public interest that is based on true facts that are clearly stated or well known.

Defenses and Damages:

Secondary defenses, consent and right of reply, exist and may in rare instances aid a libel defendant. To collect damages in a libel suit, plaintiffs must demonstrate to the court that there was actual harm to their reputations. These are called actual damages. If plaintiffs can demonstrate specific items of monetary loss, special damages may be awarded. Plaintiffs may also seek to win punitive damages. In many states, a timely retraction of the libel can reduce damages significantly and even lessen the likelihood of a libel suit. These rules are governed by state laws called retraction statutes.

Intentional Infliction of Emotional Distress:

Persons who work in mass communications need to be aware of two additional legal problems closely related to civil libel: criminal libel and the intentional infliction of emotional distress. Most states have criminal libel statutes, but it is rare that public prosecutors will bring an action under these old-fashioned laws. In a criminal libel action involving a public person, the state must carry the same fault burden as a civil-libel plaintiff would carry--proof of actual malice. The intentional infliction of emotional distress is a new tort and punishes a wide range of conduct, including the publication or broadcast of material that is outrageous and causes severe emotional distress. Courts have made it extremely difficult for plaintiffs to win such suits by placing a substantial burden of proof on the injured party. The Supreme Court added to this burden in 1988 when it ruled that public-person plaintiffs would have to show actual malice as well to win their lawsuits.