Defamation and Libel: Understanding the Legal Terms and Concepts, Quizzes of Mass Communication

Download Defamation and Libel: Understanding the Legal Terms and Concepts and more Quizzes Mass Communication in PDF only on Docsity! TERM 1 Defamation DEFINITION 1 the publication of material that would tend to hold one up to hatred, ridicule, contempt or spite TERM 2 Libel DEFINITION 2 the publication of defamatory matter by written or printed words or by some other physical form TERM 3 Burden of proof for a libel plaintiff DEFINITION 3 Publication Identification Defamation Damages Falsity (in matters of public concern) Fault TERM 4 Publication DEFINITION 4 Occurs when a 3rd person sees the allegedly defamatory material TERM 5 Identification DEFINITION 5 the allegedly damaging material is shown to be of and concerning the plaintiff TERM 6 Defamation DEFINITION 6 when the words used "taken in their ordinary sense, and as they would naturally be understood" would tend to injure the reputation of a person or render that person "odious, contemptible or ridiculous." TERM 7 Falsity DEFINITION 7 Must be proved when the matters involved are of public concern. So, when do matters become matters of public concern? Typically when something is published or broadcast. TERM 8 Damages DEFINITION 8 A plaintiff must prove actual injury TERM 9 Actual damages DEFINITION 9 or compensatory damages are paid to a person a jury determines has suffered actual injury as a result of the libel. It doesn't mean out-of-pocket loss, it means actual emotional suffering; i.e. can't sleep anymore, developed ulcer. You can't put an actual dollar mark on this, so will ask for hundreds of thousands of dollars, and the jury will decide how much you will get TERM 10 Special damages DEFINITION 10 can be calculated down to the penny because they relate to out-of-pocket loss; compare to how much you made before publication and after, that would be the special damages TERM 21 Neutral reporting/age DEFINITION 21 (constitutional): allows media to report on newsworthy commentary, even if the journalist has doubts as to the truth of the commentary. Protects accurate, unbiased reports of accusations that prominent, responsible persons make against public figures. must be newsworthy and related to a public controversy. Only accepted in some states a lot of courts have rejected it, saying that it creates extra exceptions for media that ordinary citizens dont have TERM 22 Fair comment and criticism (opinion defense) DEFINITION 22 (common law): applies when there is a mixture of fact and opinion or when there is a statement of fact that looks like opinion. Must concern something of legitimate public interest. Facts upon which it is based must be truly stated or well-known. Opinion must be the writers honest opinion. Must be without common law malice. TERM 23 Pure opinion DEFINITION 23 (constitutional): the heart of the statement cannot be proven true or false. TERM 24 Types of invasion of privacy DEFINITION 24 Appropriation Intrusion Publication of private facts False light TERM 25 Appropriation DEFINITION 25 The use of the name, likeness or image of a person without permission for commercial gain TERM 26 Intrusion DEFINITION 26 The act of physically invading a place where a person has a reasonable expectation of privacy (Wilson v. Layne) TERM 27 Publication of private facts DEFINITION 27 Publicity about private facts. Case is made if: there is publicity, about a private fact, of a highly offensive nature to a reasonable person (either the information itself or the action of the publisher), not of legitimate public interest, truth not a defense (Hall v. Post (NC)) TERM 28 False light DEFINITION 28 The widespread publication of false information that is highly offensive to a reasonable person, with actual malice. *defamation is not an element. TERM 29 Intentional infliction of emotional distress DEFINITION 29 By extreme or outrageous conduct intentionally or recklessly causes severe emotional distress. TERM 30 Burden of proof for intentional infliction of emotional distress DEFINITION 30 Burden of proof: 1. The conduct on the part of the defendant must be intentional or reckless 2. Conduct must offend standards of decency and morality 3. The conduct must cause emotional distress 4. The distress must be severe 5. In cases of publication involving public figures, actual malice must be proved TERM 31 New York Times v. Sullivan, 376 U.S. 245 (1964) DEFINITION 31 Established actual malice (knowledge of falsity or reckless disregard for truth or falsity) as a constitutional rule. Said that the people need to be free to discuss and criticize government issues. Said not protecting false statements produces a chilling effect because people make honest mistakes. Public officials must prove actual malice. TERM 32 Curtis Publishing Co. v. Butts, 388 U.S. 130 (1967) DEFINITION 32 Significance: Said there was little legal difference between people with widespread fame and notoriety and public officials. People who are not directly involved in public affairs can still shape them. Established rule extending actual malice burden to public officials. Public figures must prove actual malice in libel cases. TERM 33 Gertz v. Robert Welch, Inc. 418 U.S. 323 9 (1974) DEFINITION 33 Said the actual malice rule applies to private persons only when they seek presumed or punitive damages. States can determine the fault standard, as long as there is some degree of fault. The state interest in protecting private persons is greater since public figures have more access to channels of communication to counteract false rumors. Also differentiated between 3 types of public figures: General or all-purpose (have achieved pervasive fame or notoriety in their communities or are pervasively involved in the affairs of society), limited-purpose public figure (have thrust themselves to the forefront of particular controversies in order to influence the resolution) and involuntary (be thrust to the forefront). Also stated there is no such thing as a false idea. We must depend on the competition of other ideas to beat out bad ones. Private persons must prove actual malice to get punitive damages. TERM 34 Gertz continued DEFINITION 34 themselves to the forefront of particular controversies in order to influence the resolution) and involuntary (be thrust to the forefront). Also stated there is no such thing as a false idea. We must depend on the competition of other ideas to beat out bad ones. Private persons must prove actual malice to get punitive damages. TERM 35 Bose Corp. v. Consumers Union, 466 U.S. 285 (1984) DEFINITION 35 Must explore the libel defendants state of mind at the time of preparation and publication.