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Mass Media Law
Exam 2 Chapters 4 Study Guide
| Question | Answer |
|---|---|
| defamation is what type of wrong? | civil |
| what is a tort? | civil wrong |
| most common problem faced by those in mass media | libel |
| libel | any publication or broadcast that: 1. hurts ones reputation/2. lowers persons esteem in community |
| who faces the majority of libel suits? | the mass media |
| reasons libel suits are worst for the media: | 1.lots of time and money/2.otrageous claims sought and won/3.libel law puzzle/4.some plaintiffs use a tool to quiet those n press |
| SLAPP | Strategic Lawsuits Against Public Participation |
| 2 tests for SLAPP | 1.was defendant using free speech rights to comment on public issue?/2.has plaintiff brought enough evidence to show he/she has probability of winning? |
| solution for libel issues | retraction laws |
| 2 types of defamation | 1.libel / 2.slander |
| libel | written defamation |
| slander | oral defamation |
| 3 elements of libel | 1. defamation damages reputation of person, not character/2. words must actually damage reputation(proof necessary)/3. significant, representative minority of community must believe plaintiffs reputation has been harmed |
| survival statutes | state statutes that allow a dead one's relatives to continue pursuing a lawsuit after his/her's death |
| in a libel case who has burden of proof? | plaintiff |
| to win libel suit plaintiff must have 5 elements present. What are they? | 1. publication/ 2.identification/ 3. defamation/ 4. falsity/ 5. fault |
| publication | proof libel was published. in other words, another person besides the source and subject of libel have seen the defamatory material |
| scienter | guilty knowledge (defendant knows printed matter contained defamation) |
| identification | plaintiff must show court defamatory statement is concerning him/her |
| ways identification can occur: | 1. plaintiff may be explicitly named / 2. plaintiff can be described |
| if a libelous statement does not make an explicit identification what should the plaintiff do? | somehow prove that the defamatory words referred to him/her |
| can groups sue for identification? | yes, if they are a small group it is easier to prove libel. it also depends on the circumstances |
| defamation | plaintiff must prove the words were defamatory |
| 2 kinds of defamatory words | 1. "libel per se" / 2. "libel per quod" |
| libel per quod | words innocent at face value, but become defamatory if viewers/readers know other facts |
| libel per se | words that are clearly defamatory (ex: thief, liar, cheat) |
| single mistake rule | a rule that says it is not libelous to accuse a professional person or businessperson of making a single mistake because that is not enough to lower person's reputation or esteem in the community |
| trade libel | also called "disparagement of property"; focuses on the product itself |
| to win trade libel suit 3 things must be proven: | 1. statements made about the product are false /2. monetary loss because of false comments about the product /3. false comment about product were motivated by actual malice (ill will or bad feelings) |
| specific types of companies protected by statutes | banks, insurance companies, farmers (vegetables) |
| falsity | proving the defamatory material was false |
| first rule of proving falsity or truth | evidence presented must be direct and explicit |
| defamation by implication | if a story contains nothing but truthful statements yet leaves important facts out it can still be considered false |
| fault | proving the defendant was at fault |
Created by:
bjes61
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