Download Libel Laws in Oklahoma: Falsity, Damages, and Retractions - Prof. Eugene Senat and more Study notes Communication in PDF only on Docsity! 13-LIBEL PART 4 Know the definitions and rules in general and how they are applied in Oklahoma. Be able to correctly recognize and apply them in hypothetical situations. Falsity o Which plaintiffs must prove falsity? (Be specific.) The world of libel plaintiffs are divided into two groups: A public person (a govn. official, elected officer, someone leading a public crusade, a prominent entertainer, a visible religious or business leader) and a private person (someone who is not a public person). Law makes it far more difficult for a public person, as opposed to a private person, to win a libel suit. In every instance a public-person plaintiff must prove that the libelous remarks are not truthful. But the Supreme Court has ruled that a private-person plaintiff must prove the falsity of the libelous statements only when the subject of the statement is a matter of public concern. o What is a matter of public concern? The Supreme Court has not given a definition but, in another case, noted that whether a statement dealt with a matter of public concern must be determined on the basis of the statements “content, form and context.” The legal definition will undoubtedly be litigated heavily in the years to come, and someday a good set of criteria will be developed. It is likely to be a broad definition, perhaps as broad as this: something that is published in a newspaper or magazine of general circulation or aired on radio or television must be a matter of public concern. o Substantial Truth: Do minor inaccuracies or omissions destroy the truthfulness of a statement? Why? (page 186) No, if the gist or sting of the quoted matter was true. Minor inaccuracies do not a libel suit win. The content, when taken as a whole, still carries a truthful message. Therefore, the minor inaccuracies do not make the defamatory statements, within the article (if they even exist), false. If there is no falsity, then there is no crime. Damages Compensatory Damages are intended to do what? Plaintiffs may seek special damages, for example compensatory damages for actual monetary or economic loss resulting from the libelous statement. What are actual damages for? Actual injury. Plaintiffs must bring evidence to court to show that because of the publication of the defamation they have suffered actual hard, which might include impairment of reputation or standing in the community, monetary loss, personal humiliation or mental suffering and anguish. The most common libel damages To collect actual damages, what level of fault must the different plaintiff categories prove in Oklahoma? Public officials and public figures must prove actual malice on the part of the defendant. Private figures must prove negligence. Actual damages must also be proved, not presumed What are special damages for? Special damages are specific items of pecuniary loss caused by published defamatory statements. They must be outlined in precise terms, much more precise terms than those for the actual damages just outlined. Specials damages represent specific monetary and only monetary, loss as a result of the libel. Under which category of defamatory content must the plaintiff be able to prove special damages to win in Oklahoma? When the publication has been deemed per quod defamation, the plaintiff must be able to prove special damages to win. To collect special damages, the plaintiff must be able to establish what in Oklahoma? The plaintiff must be able to establish precisely the monetary loss that occurred because of the libelous statement. o What are punitive damages intended to do? To punish the defendant rather than compensate the plaintiff. They are designed to punish defendants for misconduct and to warn other persons not to act in a similar manner. To collect punitive damages, what level of fault must the different plaintiff categories prove in Oklahoma?
