Media

Law

Media law

You are the online editor of your campus newspaper. A person using a pseudonym has posted a message on your website that could be libelous. If you don’t remove the posting, the paper will be liable for the information in the message if a lawsuit is filed. True or false?

FALSE

The paper is not liable for messages posted by a third party. The federal Communications Decency Act grants immunity to website operators and Internet providers for messages posted by a third party.

Media law

You have visited a website that has a graphic you want to use in your campus newspaper or your radio station’s website. The site does not contain any copyright notice so you can use the graphic without permission. True or false?

FALSE

All material is copyrighted on the Internet as soon as it is created. It does not need to have a copyright notice to be protected by U.S. copyright laws. However, some images may be available without permission if they are from government sites or from websites that say permission is granted for specific use.

Media law

Any columns labeled “opinion” or editorials published in your newspaper cannot be considered libelous regardless of the information they contain. True or false?

FALSE

You may express opinions without impunity, but if you publish an allegation that is false and damaging to a person’s reputation, you can be sued for libel no matter where it is published in a newspaper, on a website or in a broadcast medium.

Media law

You are posting a video to YouTube. If you use just a portion of a popular song in your video, you will not be violating copyright laws. True or false?

FALSE

You are violating copyright laws by using all or a portion of a song or video that you did not create yourself.

Libel

Libel is essentially a false and defamatory attack in written form on a person’s reputation or character.

Truth is a defense in libel suits.

Are you publishing something that may not be truthful?

Are you carelessly publishing something that is inaccurate?

Are you publishing something accusatory that you haven’t checked out?

Are you publishing something that clearly identifies a person and harms that person’s reputation?

(http://www.youtube.com/watch?v=FtqQWt7aoZ0&feature=related)

Public officials

For purposes of libel law, who is a public official?

Elected officials and candidates for office are definitely considered public officials.

Criteria:

Ask: Do they have the authority to set policy in the government, and are they under enough public scrutiny to have easy to access the media?

Public figures vs. private figures

Who is a public figure and why is the distinction between public officials and public figures important?

People may be considered public figures if their achievements or notoriety places them in the public eye or if they seek attention by voluntarily thrusting themselves into public controversy. But if they are brought into the public spotlight involuntarily, they may not me public figures. A court will usually determine this.

Like public officials, public figures also bear the burden of proving that the information in contention was libelous.

A “pervasive” public figure is a person who has gained prominence in society or great power and influence. (Well known entertainers or athletes who seek attention)

A “vortex” or limited public figure is a person who has voluntarily thrust himself into public controversy to influence the outcome.

Public figures vs. private figures

Private figures

The difference between being a public and private figure is crucial because the standards for proving libel can differ.

Supreme Court has left it up to the states to determine their own standards of liability for private figures.

Private people abide by less rigid standards than public officials and figures.

The importance of accuracy

It’s crucial. Every mistake you make jeopardizes the publication’s credibility with readers.

•Showing copy to sources – Many sources will ask you to do this. Many editors say not to, claiming the risks are too great for a source to recant what they have already told you.

•Corrections – The most common cause of lawsuits is carelessness. Most new media don’t publish material they know or suspect is false. Many lawsuits come from smaller things (captions, defamatory headlines, etc.) Publications can run a correction, but that may not solve things.

• Neutral reporting – If one official or person considered responsible and newsworthy accuses another public figure of wrongdoing, you may print the information as long as you get reactions of the accused participants.