Chapter 6: Libel Defenses

Question 1

List and briefly explain each of the four defenses against a libel claim?

Answer 1

1) Statute of Limitations - Simply put, the plaintiff has run out of time to file a case. Normally this date is one to two years after publication.
2) Truth - If what you said is true, you can’t be sued. Say true things… don’t get sued… what isn’t there to like?
3) Privilege Communications - The individual is immune from suit for his or her remarks based on the law. Examples of these people are congressmen on the floor Moreover, people get qualified privilege in cases of republishing those remarks of absolute privilege in a fair and accurate way.
4) Opinion - What the person stated or published did not constitute a statement of fact but only their opinion that cannot be proven true or false.

Question 2

Define summary judgement.

Answer 2

• The court considers the plaintiffs allegations in the best possible light and weighs the defense provided. If the defense prevails in their analysis, then the defense wins the summary judgement and the case is dismissed.
• The court sides with the defendant in these motions 80% of the time.

Question 3

What are the three types of privilege covered in the Privileged Communications defense?

Answer 3

1) Absolute Privilege - Applies to documents and statements made in forums of of privilege. For example, courtrooms or the floor of Congress. It also applies to specific speakers for the sake of encouraging robust public debate.
2) Qualified Privilege - Attaches itself to documents covered under absolute privilege. A person is protected when they publish the contents of these documents in a fair and accurate way.
3) Neutral Reportage - The press is allowed to report defamatory remarks made by a prominent and responsible source.

Question 4

What is rhetorical hyperbole?

Answer 4

• Language so broad and expansive that the reader knows its an opinion, not a statement of fact. Basically, accusing someone of something so egregious that people know it’s false.

Question 5

What is the Ollman Test for Pure Opinion?

Answer 5

1) Can the statement be proved true of false?
2) What is the common or ordinary meaning of the words?
3) What is the journalistic context of the remark? (Editorial or Front Page News?)
4) What is the social context of the remark? (Scientific lecture of free-wheeling social venting?)

Question 6

What is fair comment?

Answer 6

• Fair comment is a common-law libel defense under Opinion that protects statements of opinion made based on facts that are truly stated.

Question 7

What are the three parts in the test used to determine if a statement is protected under Fair Comment?

Answer 7

1) Is the comment an opinion statement?
2) Does the defamatory comment focus on a subject of legitimate public interest?
3) Is there a factual basis for the comment?