If someone writes for publication a defamatory statement (a statement in which a person's reputation is seriously damaged), and that statement is false, and that person is identified in print, even without a name, then libel charges can be brought.
The Protect Reporters from Exploitative State Spying Act (PRESS Act, S. 2074) is a bipartisan federal shield law that would protect journalist-source confidentiality, subject to common-sense exceptions, such as cases involving terrorism, other serious emergencies, or journalists suspected of crimes.
Libel and defamation are serious concerns in journalism, as false or damaging statements can harm reputations. It is crucial for journalists to understand the definitions of libel and defamation, as well as the legal implications and burden of proof associated with each.
Freedom of the press or freedom of the media is the fundamental principle that communication and expression through various media, including printed and electronic media, especially published materials, should be considered a right to be exercised freely.
In cases of defamation per se, however, no proof of damages is required. False statements imputing the following are considered defamatory per se: 1) a crime; 2) a loathsome disease; 3) “a person's lack of fitness for trade, business, or profession;” and 4) “serious sexual misconduct.”
Associated Press's definition of libel: Any accusation that a member of society has violated common standards of ethical behavior can lead to a libel suit. In short, libel is publication of false information about a person that causes injury to that person's reputation.
In general, pursuing a defamation lawsuit may be worthwhile if: The defamatory statement(s) are demonstrably false and have caused significant harm to your reputation or career. You have strong evidence to support your claim. The potential damages are substantial enough to justify the costs and risks of litigation.
Defamation occurs when a person makes a false statement to a third party about your character from which you suffer harm. Defamation includes slander and libel. Libel is the act of defaming another person through writings, such as newspapers, other publications, articles, blogs or social media postings.
Opinion as a Defense to Libel and Slander A defendant can win if a reasonable person would believe that their defamatory statements were statements of opinion. In making an opinion, a defendant should not act with: Reckless disregard for the truth; or. Actual malice against the plaintiff's reputation.
To win a defamation lawsuit against a news outlet, a public figure must prove “actual malice.” This means the defendant made the defamatory statement with the knowledge it was false or with reckless disregard for the truth. It's an intentionally difficult standard to meet.