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Topic: Libel



  
 Slander and libel - Wikipedia, the free encyclopedia
In admiralty law, a libel was the equivalent of a civil lawsuit.
In the United States, about 75% of defamation lawsuits are filed in state courts, and the remaining 25% in federal courts.
Zenger's case also established that libel cases, though they were civil rather than criminal cases, could be heard by a jury, which would have the authority to rule on the allegations and to set the amount of monetary damages awarded.
http://en.wikipedia.org/wiki/Libel

  
 CATHOLIC ENCYCLOPEDIA: Libel
Libel differs essentially from slander, in that it may be the subject of both criminal and civil litigation, whereas slander is not a criminal offence.
A libel may be either a civil injury or a criminal offence.
The law of libel is not limited to injuries done to personal reputation, but also includes the protection of the reputation of property; and this form of libel is commonly called slander of title.
http://www.newadvent.org/cathen/09210a.htm

  
 Legal Definition of 'Libel'
The publisher of a libel is liable to be punished criminally by indictment or is subject to an action on the case by the party grieved.
Libels against the memory of the dead which have a tendency to create a breach of the peace by inciting the friends and relatives of the deceased to avenge the insult of the fanlily, render their authors liable to legal animadversion.
LIBEL - Published material meeting three conditions: The material is defamatory either on its face or indirectly; The defamatory statement is about someone who is identifiable to one or more persons; and, The material must be distributed to someone other than the offended party; i.e.
http://www.lectlaw.com/def/l032.htm

  
 Definition
The redress for the contention that libel has occurred is in civil courts.
The law of libel originated in the common law or in what is sometimes referred to as case law.
Libel is a tort÷an allegation of injury for which a civil action may be brought.
http://www.texaspress.com/Lawpress/LawMedia/Libel/LibelDefinition.htm

  
 FAQ's
Libel is written defamation and slander is oral defamation.
For the purpose of the law of libel, the hearsay statement is the same as a direct statement.
One must consider whether a libel action is the only method of achieving the corporation's particular objective or if a solution can be resolved through an apology, retraction, or by writing rebuttal articles or letters to the editor.
http://www.cyberlibel.com/libel.html

  
 MLRC Libel FAQs
Libel and slander are civil claims, but a handful of the states recognize an action for criminal defamation.
Libel and slander are legal claims for false statements of fact about a person that are printed, broadcast, spoken or otherwise communicated to others.
Under the American federal law system, defamation claims are largely governed by state law, subject to the limitations imposed by the free speech and press provisions of the First Amendment to the U.S. Constitution as interpreted and applied by the Supreme Court and other courts.
http://www.medialaw.org/Content/NavigationMenu/Public_Resources/Libel_FAQs/Libel_FAQs.htm

  
 libel and slander on Encyclopedia.com
In common law, written defamation was libel and spoken defamation was slander.
George Galloway At The High Court For Libel Case
http://www.encyclopedia.com/html/l1/libel.asp

  
 Study Guide, Libel, Mass Communication Law, COMM 5300-002, Fall 2001
Libel law has been around for many centuries, but in the United States, beginning in the 1960's, it underwent major revisions.In many key cases, the U.S. Supreme Court and other courts attempted to fashion libel law that would support the democratic ideal of freeand open discussion of matters of public importance.
There are now two, crucial issues in establishing fault in a civil libel case: whether the plaintiff is a "public" or "private" figure, and the circumstances under which a defamatory news story is written.
Compared to civil libel law, criminal libel law tends to be applied less frequently to journalists and other mass communication practitioners in the U.S. However, if you are interested in Utah criminal libel law, go to Title 76 ("Criminal Law")of the Utah Code and view Chapter 9, Sections 501-509.
http://www.hum.utah.edu/communication/classes/fa01/5300study3.html

  
 4.03: Libel Law: Let It Die
It's the latter case, Gertz, that points to why libel law may be on the verge of obsolescence.
But as a practical matter, libel law has never been much of a remedy for regular folks in the modern era.
But since private individuals supposedly don't have the kind of access to mass media it takes to correct the record, the First Amendment allows the states to use libel law to level the playing field, making it easier for private individuals to counter the damage done to their reputations by mass media.
http://www.wired.com/wired/archive/4.03/letitdie_pr.html

  
 Notes for Chapter 4: Libel
Libel is founded on civil common law, not criminal law, and grows out of our traditions in common law -- one of the six sources of law we talked about the in Chapter 1.
Libel is the legal term for certain conditions surrounding defamatory expression -- expression that harm another person's reputation -- their good name.
We also talked about which court system hears libel cases and how that needs to be presented.
http://www.ume.maine.edu/martins/JMC375WEB/LAWCH4.htm

  
 [No title]
Libel is the written or broadcast form of defamation, distinguished from slander, which is oral defamation.
Libel against the reputation of a person who has died will allow surviving members of the family to bring an action for damages.
The key is that to uphold the right to express opinions or fair comment on public figures, the libel must be malicious to constitute grounds for a lawsuit for damages.
http://dictionary.law.com/definition2.asp?selected=1153&bold=

  
 Guarding Against Libel
To prove libel, the public official must prove that the false, damaging statement of fact arising from negligence also was published with malice (the editors or writers knew it was false but published it anyway), or that the journalists acted with reckless disregard for whether the statement was true or false.
A libel case will be thrown out of court unless it has all six of the elements on this list.
Journalists have qualified privilege: If you give a full and fair account of an official proceeding, you can't be sued for libel for reporting anything anyone said during that proceeding.
http://stripe.colorado.edu/~yulsman/Libel.html

  
 Libel and the reporter--Beginning Reporting
Libel usually results from carelessness, exaggerated writing, statements of officials made outside privileged situations, inadequate verification or failure by the reporter to talk with the subject of the defamation.
Off-the-record sources may refuse to testify for you in court.
It can be privileged if it was a full, fair and accurate report from a judicial, legislative or other public proceeding or from a public record, and if it was done without malice.
http://www.courses.vcu.edu/ENG-jeh/BeginningReporting/Rewriting/libel.htm

  
 What is Libel? - Associated Terms
Actual malice is the act of publishing or broadcasting statements with prior knowledge of the inaccuracy of the statement or a reckless disregard for the truth.
Public figures who make claims of libel must prove 'actual malice' to succeed in such a case.
The retraction of a defamatory statement may, in some states, lessen the awarded damages.
http://www.hfac.uh.edu/comm/media_libel/libel/definition.html

  
 Libel
Rights of defamed (slandered or libeled) persons are often held by the courts to be more important than other parties' freedom of speech and expression so care must be taken.
Where the defamation takes the form of a libel, that is, a more permanent form of statement than the spoken word, the majority of courts presume nominal damages, and the plaintiff is relieved of the necessity of showing actual monetary harm.
Although not a defence, newspapers and broadcasters may plead in mitigation of damage that libel was done, "without actual malice and without gross negligence" and that a, "full apology" was made "at the earliest possible opportunity." Any defaming party can then offer an apology in the hopes of having their damages reduced.
http://www.crimes-of-persuasion.com/Laws/libel.htm

  
 Libel & Defamation in the Information Age
Libel could occur through private e-mail but the fact that it is Private makes it a weaker case.
If the few court battles that have been decided involving libel and defamation on the Net are any indication of how the law will be applied to the Internet in the future, it's worth your time to learn what's libelous or defamatory on the Internet and what's not.
The average user now has the power to be heard by hundreds or even thousands of other users, but in terms of libel and defamation, the Net is not a new world of freedom.
http://www.writing.upenn.edu/~afilreis/defamation-in-cyberspace.html

  
 BBC - Action Network - - A1183394 - How to avoid libel and defamation
But if they don’t succeed, the publisher loses: the complainant will have been libelled and will therefore be entitled to be paid damages and their legal costs.
It can also land you with an expensive lawsuit and there is no legal aid for libel cases.
If it doesn’t, the publication will amount to libel and you may have to pay substantial damages.
http://www.bbc.co.uk/dna/ican/A1183394

  
 Of Links and Libel
The charge of libel is one that is handled in civil courts, in most cases.
Specific libel laws vary by state and a few states do have laws covering defamation as a criminal charge, but in most cases, if you are convicted of libel, you will not go to jail.
Libel is defamation in print, while slander is oral defamation, and the term defamation itself refers to libel and slander.
http://www.devarticles.com/c/a/Web-Authoring/Of-Links-and-Libel/1

  
 diarist.net guide preflight libel
Libel is written and slander is usually oral.
A libel case requires three elements: Publication, identification, and defamation.
The simple act of publication tends to bias courts against the author, presuming the material is false, malicious, and potentially damaging.
http://www.diarist.net/guide/libel.shtml

  
 Libel/Slander
In the law, a "tort" is private wrong-doing not arising out of contract, and the twin torts of libel and slander make up the general tort category of defamation of character.
Scott Law Firm handles libel and slander (also known as defamation) cases and provides a no-charge consultation to prospective clients to evaluate such cases.
The crux of a libel or slander claim is a false statement that damages a person's reputation.
http://www.scottlawfirm.com/libel.htm

  
 EFF: Bloggers' FAQ: Online Defamation Law
Generally, the non-libelous examples are hyperbole or opinion, while the libelous statements are stating a defamatory fact.
Most states have a statute of limitations on libel claims, after which point the plaintiff cannot sue over the statement.
The following are a couple of examples from California cases; note the law may vary from state to state.
http://www.eff.org/bloggers/lg/faq-defamation.php

  
 Writer's Encyclopedia--Letter L
Because the law of libel, like other laws, is constantly evolving and changes are sometimes determined by individual cases, the best way to stay abreast of this issue is to read reports of cases and developments in journalism and writing trade journals.
Absolute privilege is granted to public officials such as presidents and governors; they are exempted from any libel suit that may result from statements they make when acting in an official capacity.
This organization acts as an information source for attorneys and defendants in libel cases and invasion-of-privacy cases.
http://www.writersmarket.com/encyc/l.asp

  
 Defenses Against Libel Action
opposition to a court decree is not necessarily libelous
in a long prison term for the libeler.
accident, which appears in the libel codes of most states.
http://www.tpub.com/content/photography/14130/css/14130_177.htm

  
 libel
to institute suit against by a libel, as in an admiralty court.
http://www.infoplease.com/dictionary/libel

  
 Chapter 10 Libel, Right of Privacy, Freedom of Information and Copyright
All states agree that libel is a defamation, an act that
Radio and television are not exempt from libel laws.
Chapter 10 Libel, Right of Privacy, Freedom of Information and Copyright
http://www.tpub.com/content/photography/14130/css/14130_173.htm

  
 _Internet Law Focus Newsletter_; Legal Information; Tax Deferred Exchanges; Slander; Libel on the Internet; Real Estate ...
John Lawyer will not be able to hold you liable for Libel because it does not specifically say "John Lawyer is a crook".
DEFINITION: Libel is the publication of a false statement, (and is not a privileged communication) which injures one's business or personal reputation.
A plaintiff who sues for Libel must prove all of the above and be able to demonstrate some type of resulting damage.
http://www.wave.net/immigration/lawyer/libel.html

  
 Libel Overheads Part 2
A plaintiff must present evidence that convinces the jury that the libel occurred because the defendant failed to use due care -- i.e., failed to act as a reasonable person would have acted under the same circumstances.
Libel removed from category unprotected by First Amendment
Both public and private plaintiffs must prove falsity to overcome First Amendment defense to libel
http://www.journalism.wisc.edu/~drechsel/j559/readings/LibelOverheads2.html

  
 Micro Persuasion: Dallas Morning News Warns Bloggers They Can Be Sued for Libel
Libel law, as it applies to this new Internet form of journalism, is still being worked out in the courts.
This work is licensed under a Creative Commons License.
Listed below are links to weblogs that reference Dallas Morning News Warns Bloggers They Can Be Sued for Libel:
http://www.micropersuasion.com/2004/12/dallas_morning_.html

  
 Defamation Law, Libel Law, Slander Law - MegaLaw.com
Trade Libel Claims Must Clear High Legal Hurdle to Succeed - By Guylyn Cummins.
Defamation is a legal action sounding in tort based on an intentional or reckless public false statement that injures another person's reputation.
Can I sue for defamatory statements made by a witness under oath in a judicial proceeding?
http://www.megalaw.com/top/defamation.php

  
 Can Bloggers Be Sued for Libel
First, you have to prove that people have read the post, that you were damaged by it, then find the person that posted the libelous content, find the court that has the jurisdiction...
But, blogs and the potential of libel raise interesting legal issues.
It is unlikely that a person of prominence will sue a blog, because of the high hurdle public officials need to take.
http://www.webpronews.com/news/ebusinessnews/wpn-45-20050216CanBloggersBeSuedforLibel.html

  
 USATODAY.com - Editor of satirical Web site won't face criminal libel charge
U.S. District Court Judge Lewis Babcock ordered police to return Mink's computer and barred prosecutors from charging Mink with criminal libel while he considered the constitutionality of the statute designating it a crime.
Dominguez said the case might fit closer into the category of civil libel.
Editor of satirical Web site won't face criminal libel charge
http://www.usatoday.com/tech/news/2004-01-20-howling-legal_x.htm

  
 AsiaMedia :: TAIWAN: Journalists support press freedoms of Indonesian peers
The three journalists face a maximum sentence of four years for libel, though the appointed district attorney is seeking two-year prison terms against the three.
"The message that we wish to convey to the Indonesian government is not to lock up journalists in the name of libel, as libel should be a civil offense and compensation should be made accordingly with a reasonable amount of financial payment.
The letter was received yesterday by Marolopo Nainggolan, a representative of the Indonesia Economic and Trade Office in Taipei, who promised to relay the letter to the Indonesian president.
http://www.asiamedia.ucla.edu/article.asp?parentid=13692

  
 MSN Encarta - Dictionary - libel
sue somebody for libel: to bring a suit for libel against somebody under admiralty law or in an ecclesiastical court
Libel can include pictures and any other representations that have public or permanent form.
transitive verb (past and past participle li·beled, present participle li·bel·ing, 3rd person present singular li·bels)
http://encarta.msn.com/dictionary_/libel.html

  
 Professor's Web posting at center of libel suit CNET News.com
Zexsa will file libel lawsuit against Acorp’s chairman from
U.S. court says no to Web libel lawsuit
The Michigan Appeals Court says the lawsuit can proceed.
http://news.com.com/2100-1030_3-5549899.html

  
 Libel Suit 9/11 - Michael Moore's hysterical, empty threats. By Jack Shafer
So unless Moore's critics call him a liar, a felon, a murderer, a chiseler, a Nazi, a child molester, tax evader or any other false statement that is objectively provable, they'll likely not receive a court summons from his lawyers.
Be that as it may, if Moore wants to sue anyone who maligns his film, he certainly has a legal right to do so.
This sort of subjective expression of opinion is protected under the law, and there's nothing the blustering Moore can do to stop his critics from making them.
http://slate.com/id/2102725

  
 Basic UK libel law for idiots
A magazine lost a famous case against a TV company because, although specific allegations made by the magazine were true they implied that the people from the TV company were deliberately misleading the public.
In the UK, if someone thinks that what you wrote about them is either defamatory or damaging, the onus will be entirely on you to prove that your comments are true in court.
And it's not just the person making the allegations who can fall foul of the libel laws.
http://www.urban75.com/Action/libel.html

  
 Libel 5
The law of libel was written in the world of newspapers.
So long as CompuServe doesn't know, or doesn't have reason to know, about the libel, Compuserve, the court held, cannot be liable.
In this case, Larry King could be liable.
http://www.ssrn.com/update/lsn/cyberspace/lessons/libe05.html

  
 Libel / Privacy Review
How to get full points: Make your claim, bring up law that is relevant (explained), and then apply that law to this particular scenario.
Establish point(s) of law for EACH case on the list and understand how/why it defines and provides criteria for the following material.
The meaning of Fault (use case law to distinguish the LEGAL CRITERIA)
http://www.cc.utah.edu/~u0384504/Comm_5300_3/Libel_Privacy_Review.htm

  
 RTV 4930: Libel Study Questions
What are the potential costs of a libel suit to a broadcaster, both for defending and loosing a case?
In defense of a libel case, how may truth be used as a defense?
Why is there no single definition of libel?
http://www.jou.ufl.edu/faculty/jbrown/4700libel.htm

  
 Libel 4
Whether people on the net can defend themselves or not, courts are unlikely to make self- help the only remedy for libel.
Some have argued that they should, but no court has yet accepted that argument.
This, the courts have said, distinguishes public figures from private persons, since private persons don't have as easy an opportunity to reply.
http://www.ssrn.com/update/lsn/cyberspace/lessons/libe04.html

  
 OJR article: Libel Ruling Provides Protection for Forums, Not Individual Bloggers
Under this ruling, the publisher would be protected from libel for reprinting e-mails intended for publication -- even if the content is libelous.
Although newsletter publisher gets favorable finding from appeals court, he sets poor example for online journalists
AP: Court Decision Protects Bloggers From Libel Lawsuits
http://www.ojr.org/ojr/glaser/1057697648.php

  
 Wired News: Bloggers Gain Libel Protection
The Ninth Circuit Court of Appeals ruled last Tuesday that Web loggers, website operators and e-mail list editors can't be held responsible for libel for information they republish, extending crucial First Amendment protections to do-it-yourself online publishers.
Skip directly to: Search Box, Section Navigation, Content.
The ruling effectively differentiates conventional news media, which can be sued relatively easily for libel, from certain forms of online communication such as moderated e-mail lists.
http://www.wired.com/news/print/0,1294,59424,00.html

  
 Medieval Sourcebook: A Blood Libel Cult: Anderl of Rinn
There have not been tens, but hundreds of actual cases of blood libel tried in various courts in various countries.
The Beiliss case in 1913 Russia is a good case in point: Mendel Beiliss himself was probably innocent of the actual commission of murder although he may have been peripherally involved in covering up the act on the part of his co-religionists;
We've been paying their bill for fifty years, and at some point we're finally going to get what we've paid for.
http://www.fordham.edu/halsall/source/rinn.html

  
 Rod Dreher on Internet & Libel on National Review Online
Their dispute, which may be headed to court, provides a cautionary tale for the thousands of people who, ignorant of libel law, publish their opinions on the Internet heedless of the serious risks they are running.
The Associated Press Stylebook, which has an updated section on libel law, is a must-have in newsrooms, and probably should be on the desk of every blogger.
Parents should also be aware that they can be held liable for defamatory statements their children make on websites.
http://www.nationalreview.com/dreher/dreher091602.asp

  
 USS Clueless - Libel on the web
Both of those are legal terms of art having very specific meanings derived from a SCOTUS decision in 1964, with those meanings not being obviously related to the common meanings of the words.
The summary is that it's really damned hard to prove that one internet user has libeled another, because it can plausibly be argued that everyone who participates on the Internet is a "limited purpose public figure" and thus would have to prove "actual malice" in order to prevail as plaintiff in a libel suit.
It's really tough to prove that, and though a lot of people complain about libel and rattle their legal sabers on the subject, in general I tend to be extremely skeptical.
http://denbeste.nu/cd_log_entries/2003/10/Libelontheweb.shtml

  
 Technorati Tag: libel
Last week I wrote that a court in British Columbia, Canada worryingly asserted jurisdiction over the alleged libel of a Canadian man by a US based...
A tag is like a subject or category.
Korean prosecutors have charged a man with libel for posting indecent writings on the Internet using another person's identity.
http://www.technorati.com/tag/libel

  
 Media Law Primer: Libel
Usually, publishers can avoid such suits by printing a retraction.
The Supreme Court recognizes a persons reputation to be an important possession.
Normally, the burdern of proof in libel cases falls onto the plaintiff.
http://iml.jou.ufl.edu/projects/fall01/pilecki/libel.html

  
 Boing Boing: Dr Gray's libel-threats backfire
Gray's lawyers demanded a retraction and reserved the right to sue for libel anyway.
Well, in an act of increasingly common Internet judo, Sheridan posted the nastygram, and the collective outrage from other Web-writers has spread the news of Gray's bullying -- and the dirt behind his degrees.
Gavin Sheridan has been threatened by "Dr." John "Men are From Mars, Women are From Venus, I am From Uranus" Gray for declaring that Gray was a fraud whose degrees came from a diploma mill.
http://www.boingboing.net/2004/03/20/dr_grays_libelthreat.html

  
 Day Care For Sale. Start-up Kit to start your own day care center.
We shall not be responsible for content appearing on third party sites which are linked to the Site.
We will at all times refrain from any slander, libel, derogatory comments or practices that may be detrimental to the business of others.
While we may get vocal and draw attention to such practices (which are deemed incompatible with our own manifesto) we always respect the rights of others to conduct their business in any way they please.
http://ruslink.netfirms.com/start.daycare.center/day.care.for.sale.html

  
 Definition of Libel
There is only one complete and unconditional defense to a civil action for libel: that the facts stated are PROVABLY TRUE."
For more information on libel, please refer to:
"Words, pictures or cartoons that expose a person to public hatred, shame, disgrace or ridicule, or induce an ill opinion of a person are libelous...
http://www.hmc.edu/dir/personal.delete/libel-definition.html

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