Legal Issues in Journalism: Libel

What is libel?

Libel is a broad term used to describe damage to reputation (known legally as defamation) that is caused by airing or publishing false information.Reputation in this legal sense does not only mean what others say about you; damage to reputation could also mean a lost job or earning power; a damaged business, a personal sense of humiliation, reduced social standing or estrangement from friends and family. People who believe they have been libeled can sue a news organization, and often individuals within the organization, and ask the court for a monetary award to compensate for the damage.

Five key points of proof in libel suits

The courts have established a set of criteria that a plaintiff must prove in order to win a libel case:

    The information must be false
    The person libeled must be clearly identified, although not necessarily by name
    The information must have been published or otherwise viewed by an audience
    The reputation of a person must have been damaged as a result
    The news organization must have been shown to be at fault for the libelous information. That may mean reporters and editors were inaccurate themselves, or that they did not fully check the accuracy of information supplied by outside sources, or that they presented opinion or speculation as fact.

The single best defense against libel is to tell the truth. A journalist who makes sure that her information is provable and accurate is far less vulnerable to a libel charge. Be sure to keep accurate records of your sources and research. Reporters can write stories damaging someones reputation as long as they can prove that the information is documented by the facts. Arrests and grand jury indictments are part of the public record and should be published accurately, but without the suggestion or implication that the subject is guilty.

This is just a brief word of warning. The Associated Press Style Manual and Libel Guide can help you determine the limits more precisely.