Section V
Libel
Elements of Libel
Individual Interest in Reputation
- Identification
- Publication
- Defamation
- Falsity
Societal Interest in Freedom of Expression
- public figures
- private figures
Proof of Fault
N.Y. Times vs. Sullivan (1964)
Private Figures - Negligence
- failure to exercise reasonable care
- trusting untrustworthy sources
- not checking facts
Public Figures - Actual Malice
- knowledge of falsity
- reckless disregard for the truth
- time pressures
- source reliability
- probability of story
Three Kinds of Public Figures
Gertz vs. Welch (1974)
- public officials
- all purpose public figures
- limited public figures
Defenses Against Libel
- statute of limitations
- truth
- privileged communication
- absolute
- qualified
- neutral reportage
- opinion and fair comment
- consent
- retraction
Opinion vs. Fact in Libel
Ollman Test (Ollman v. Evans, 1984, U.S. Court of Appeals in Washington D.C.)
- can the statement be proven true or false
- what is the common or ordinary meaning of the words
- what is the journalistic context of the remark
- what is the social context of the remark
Bulgarian Media Libel Law
- "Whoever disseminates disgraceful information regarding another person or attributes a crime to this person is punished for libel with imprisonment up to one year or a fine of up to 5000 leva, as well as with public censure."
- "If the truth of the announced information or the attributed crime is proven, the person is not punished."
Damages in Libel Suits
- actual
- special
- presumed
- punitive
Libel on the Net
- First-time offenses
- Repeated offenses
- Screened services