Libel Laws in Florida
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Libel
“Sticks and stones can break your
bones, but words can never hurt
you.”
Ah, if only….
Libel:
An Oversimplified Definition
Publication of a false statement of
fact that seriously harms someone’s
reputation
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Publication: broadly defined
•
Articles
•
Headlines
•
Photo captions
•
Blogs
•
Ads
•
Cartoons
•
Freelance materials, guest columns, letters to
the editor, quotes
•
Promotional material
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Florida Jury instructions:
A statement is in some significant respect
false if its substance or gist conveys a
materially different meaning than the truth
would have conveyed. In making this
determination, you should consider the
context in which the statement is made and
disregard any minor inaccuracies that do not
affect the substance of the statement.
“. . .[L]iterally true statements
can be defamatory where
they create a false
impression.”
-Jews for Jesus, Inc. v. Rapp, Florida Supreme
Court (2006)
Truth:
Truth:
An Absolute Defense,
However:
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Knowing something is true,
proving it’s true, and then
convincing a judge or jury it’s
true are different things.
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O
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•
“Bill Clinton is the worst president in
United States history.
–
So subjective it cannot be proved true or
false.
•
Photo caption: “Welcome to Our Hillbilly
Hellhole.”
–
complete fact basis for opinion revealed in
photo.
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Red Flag
Statements
•
Accusations of illegal conduct or involvement
with criminal justice system
•
Sexual misconduct
•
Associated with “loathsome diseases”
•
Lying
•
Unfit for business
•
Academic problems
•
Racial/religious/ethnic bigotry
•
Financial instability; lack of creditworthiness
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Fault Required
The First Amendment requires that in
order for media defendants to be held
responsible for libel, the person suing
must show — at a minimum — that the
reporter/editor acted unreasonably
The Lesson:
If you always do what a reasonable
reporter should do (and don’t do
what a reasonable reporter wouldn’t
do), you will never be
successfully
sued for libel
Acting Reasonably
•
Use trustworthy sources — in quality and number
•
Evaluate your sources
•
Do not overstate or have blind faith in their credibility
•
Take accurate notes (kept or destroyed on a
consistent basis)
•
Documents, documents, documents
•
Report — don’t “sell”
•
Talk to all sides — including the subject
•
Be open-minded
•
Do the work required — or don’t do the story
•
Be rigorous in your choice of language
•
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Explore the definition of libel, how it pertains to publication of false statements, and the importance of truth as a defense against defamation. Learn about Florida jury instructions, the impact of literally true statements, and the complexities of proving the truth in a legal setting.
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Presentation Transcript
Libel David M. Snyder David M. Snyder P.A. 813-258-4501 www.dms-law.com
Libel Sticks and stones can break your bones, but words can never hurt you. Ah, if only .
Libel: An Oversimplified Definition Publication of a false statement of fact that seriously harms someone s reputation
Libel: Publication of a false statement of fact that seriously harms someone s reputation
Publication: broadly defined Articles Headlines Photo captions Blogs Ads Cartoons Freelance materials, guest columns, letters to the editor, quotes Promotional material
Libel: Publication of a false statement of fact that seriously harms someone s reputation
Libel: Publication of a false statement of fact that seriously harms someone s reputation
Florida Jury instructions: A statement is in some significant respect false if its substance or gist conveys a materially different meaning than the truth would have conveyed. In making this determination, you should consider the context in which the statement is made and disregard any minor inaccuracies that do not affect the substance of the statement.
. . .[L]iterally true statements can be defamatory where they create a false impression. -Jews for Jesus, Inc. v. Rapp, Florida Supreme Court (2006)
Truth: An Absolute Defense, However:
So, the Catch is: Knowing something is true, proving it s true, and then convincing a judge or jury it s true are different things.
Libel: Publication of a false statement of fact that seriously harms someone s reputation
Opinion Bill Clinton is the worst president in United States history. So subjective it cannot be proved true or false. Photo caption: Welcome to Our Hillbilly Hellhole. complete fact basis for opinion revealed in photo.
Libel: Publication of a false statement of fact that seriously harms someone s reputation
Red Flag Statements Accusations of illegal conduct or involvement with criminal justice system Sexual misconduct Associated with loathsome diseases Lying Unfit for business Academic problems Racial/religious/ethnic bigotry Financial instability; lack of creditworthiness
Libel: Publication of a false statement of fact that seriously harms someone s reputation
Fault Required The First Amendment requires that in order for media defendants to be held responsible for libel, the person suing must show at a minimum that the reporter/editor acted unreasonably
The Lesson: If you always do what a reasonable reporter should do (and don t do what a reasonable reporter wouldn t do), you will never be successfully sued for libel
Acting Reasonably Use trustworthy sources in quality and number Evaluate your sources Do not overstate or have blind faith in their credibility Take accurate notes (kept or destroyed on a consistent basis) Documents, documents, documents Report don t sell Talk to all sides including the subject Be open-minded Do the work required or don t do the story Be rigorous in your choice of language Never publish a story if you doubt its truth
