Libel law
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Who is a public figure or public official?
A public official, according to the Supreme Court, is someone who has a substantial amount of control over governmental affairs. A public figure is either a celebrity whose name has become a household word or a person who has voluntarily stepped into a role of leadership in a particular controversy.
In the case of New York Times Company v. Sullivan, 376 U.S. 254 (1964), the Supreme Court held that in order for a public figure/official to prove libel, they must prove malicious intent. Malice is the idea that whoever published the libelous statement did so knowingly and intentionally or was reckless in fact-checking before publication.
But for private citizens - that is everyone who is not a public figure/official - they need only prove a reporter's negligence to prove libel.
How to defend against a libel charge
- Consent - If a person consents to the publication of a libelous statement, they cannot later change their mind and sue. However, complications can arise if you get consent from someone aged 17 or younger, in that there is debate over whether they can give valid consent.
- Truth is a defense against libel, though it must be proven. In many cases, the burden to prove the falseness of a statement is actually on the person suing, rather than the publication or reporter.
- If a publication obtains information from "fair and accurate" accounts of public proceedings, even if the information is later proven false. The definitions of official public proceedings may vary by state. To qualify for the privilege, information must be obtained from a record or proceeding recognized by the state as "official", the media report must be fair and accurate (A "fair" report is one that is balanced and presented in context), and the source of the statement should be clearly noted in the media report.
- Statements purely of opinion cannot be libelous, though simply using the phrases "in my opinion ..." or "allegedly ..." are not enough to qualify as pure opinion. The test, instead, is whether a statement can be proven true or false. An opinion, by its definition, cannot be proven either true or false and cannot, therefore, be libelous.
For more information
Here are some useful libel links:
