Thursday, May 14, 2009

Libel

Remember News Editing or Media Law? Well if you're memory is fuzzy I can relate. In the spring of 2009, I wrote a blog post about Columbia architect Robert Tennenbaum. He was pissed to put it mildly and threatened me with a libel suit.

"Oh Shit!" That was my initial reaction, while standing at a light rail station in Linthicum, unable to remove the post or even phone a friend who could do it for me.

I then remembered that Mr. Tennenbaum had consented to a recorded interview. To cover all of my bases and give readers a better understanding of the charge, I placed the entire interview on my blog in the form of podcasts and issued a response. Hopefully you won't find yourself in a similar situation. If you do or you simply need a refresher, here it is.

There are three criteria for libel. First, a defamatory statement must be made. Second, a person must be identified. Third, the material must be published.

Libeling a person means injuring that person's reputation or ability to make money. Remember that corporations can also be libeled.

There are four defenses against libel. The most obvious defense is the truth! The other three are qualified privilege, fair comment & criticism and consent.

A word of advice. Be careful in how you handle an accusation of libel. Stay calm and think before you act. Seek out the advice of seasoned professors and professionals. If handled properly the accusation can work in your favor, against the accuser.

1 comment:

  1. Hey, interesting blog, thanks, I picked up some tips. BTW, I studied journalism and English (1990) and worked as a photojournalist for several years, before being lured away by the siren song of software engineering. I'm over at: http://boboramacorp.blogspot.com/ Let me know what you think.

    Question: why do you recommend blogspot over typepad, as you mentioned in your post "Why Blog?" Thanks.

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