Libel/Obscenity
Libel:
A false statement printed or broadcast about people or corporations that
brings them into public hatred, contempt or ridicule, damages their reputation,
or injures them in their occupations. A libelous statement damages a person's
reputation.
Four elements to prove in court:
- Publication
- Identification
- Defamation
- Fault
Public figures
Must prove actual malice - that the reporter knew what she reported was
false; or had reckless disregard for the truth or serious doubts about
the truth and printed it anyway.
Private figures
Need only prove negligence on the part of the reporter.
Possible defenses in a libel suit:
- Truth
- Privilege (judicial, legislative, public and official proceedings, public records)
- Fair comment (a critic's or columnist's opinions in a review; but facts must be true)
Use of the word "alleged" can't protect the reporter in a lawsuit.
© Dee Ann Rexroat/Deb Wiley
Libel resources:
Student Press Law Center
How
to respond to libel complaint
Libel Defense
Resource Center
Student Press Rights
Obscenity:
From the FCC: "It is a violation of federal law to broadcast obscene programming at any time. It is also a violation of federal law to broadcast indecent or profane
programming during certain hours. Congress has given the Federal
Communications Commission (FCC) the responsibility for administratively
enforcing the law that governs these types of broadcasts. The
Commission may revoke a station license, impose a monetary forfeiture,
or issue a warning, for the broadcast of obscene or indecent material."
See the FCC obscenity consumer factsheet for full details.
