COMMUNICATION LAW

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COMMUNICATION LAW

• Chapter 20

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Communication Law Preview

• Libel
• Libel is defamation (injury to someones
  reputation) by written words or by communication
  in some other tangible form
• Six things a plaintiff (someone alleging libel)
  must prove- defamation, identification,
  publication, falsity, injury and fault (p. 545-6)
• Three main media defenses- truth fair-report
  privilege fair comment and criticism (p.552-3)
• Legal differences between public officials,
  public figures, and private individuals

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Step for Avoiding Libel Suits (p.555-6)

• Make sure everything in story is newsworthy
• ID everyone fully
• Include responses from those attacked
• Seek evidence to confirm attacks and denials
• Seek all relevant sources and documents
• Consider sources motives for allegations

• Explain sources credibility problems
• Avoid confidential or anonymous sources
• Never use such sources for attacks on a person
• Quote documents clearly and accurately
• Dont rush to publish or broadcast prematurely
• Keep all newsgathering materialsnotes, tapes

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Privacy Issues

• The law recognizes four kinds of invasion of
  privacy (p.556)
• Intruding on a persons seclusion or solitude
• Giving publicity to private facts
• Placing a person in a false light
• Appropriating a persons name or likeness for
  ones own benefit

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Invasion of Privacy Types

• A lawsuit for intrusion requires that one person
  intentionally intrude on the solitude or
  seclusion of another in a manner that would be
  highly offensive to a reasonable person (highly
  offensive standard applies to all types)
• Lawsuits for publicity to private facts are a way
  people can receive damages when their secrets are
  revealed
• A false-light invasion of privacy lawsuit
  protects people from being portrayed inaccurately
  (similar to libel difference is libel redresses
  reputation injury while false light protects a
  persons right to be left alone)
• Misappropriation anyone who uses the name or
  likeness or another for his/her own use or
  benefit may be sued for invasion of privacy by
  misappropriation (using a persons name or
  likeness in an advertisement is the most common
  form)

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Newsgathering Issues (p.562-9)

• Access to nonjudicial events and records
• Sometimes authorities will try to prevent
  coverage
• Be aware of public/private property
  settings/situations
• Reporters (and citizens) can access government
  records via the Freedom of Information Act (FOIA)
• Sunshine Acts keep many government meetings open
  to the press and the public
• Access to judicial proceedings
• Trial judges must protect both the right of a
  defendant to a fair trial and freedom of the
  press closing court to press can be very
  controversial
• A judge may issue a gag order prohibiting
  reporters from publishing certain information
  even when they learn it in open court. But the
  U.S. Supreme Court has ruled such orders are
  unconstitutional unless
• A defendants trial may be prejudiced by news
  coverage
• No alternative to such prior restraint would
  protect the trial
• A prior restraint would be effective in
  preventing prejudice

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Newsgathering issues (more)

• Protecting confidential sources/information
• Some stories (some of the best ones) may require
  reporters to use and trust confidential sources
  who will provide information only if they know
  their identities are safe
• Sometimes law enforcement and court officials,
  legislative bodies or administrative agencies
  demand the names of a reporters confidential
  sources or other info the reporter wants to
  protect. Failure to comply can result in a
  contempt of court charge, a fine and/or jail even
  for the reporter
• The U.S. Supreme Court recognizes no First
  Amendment right for reporters to refuse to
  testify about confidential sources
• But federal and state shield laws specifically
  guarantee a journalists right to protect
  confidential sources or information