Exam 2 Flashcards
(25 cards)
Elements of libel and how many?
Defamation Falsity Communication Identification Fault Harm 6
Libel vs Slander
Libel is defamation in a tangible manner. Slander is oral defamation.
How many elements must be present for?
All
There is no libel if an element is missing.
Media’s defense to libel.
Truth
Privilege
Fair Comment and Criticism
Elements vs Factors
All elements must be present while factors may be weighed.
Hustler v Jerry Falwell
Satire
New York Times v Sullivan
1960, NYT ran an editorial ad with inaccurate claims. SC standardizes libel standards. Actual malice must be present. Honest mistakes does not constitutes libel.
What is absolute defense to libel.
Truth
Proving Malice
a statement acknowledging that “a person knew something was false.”
or
reckless disregard for truth (hard to prove)
Olman Test:
libel or protected speech case:
- Can statement be proven true or false
- Are the damaging words meant to be taken literally
- What was the journalistic use for the words. Editorial or news?
- Social Context for the comment?
US v Midwest Video (1972)
SC upholds FCC right to regulate cable.
Cable rapid growth threatened to deprive the public of various benefits of local broadcast stations which puts it within the authority of the Communications Act of 1934.
Cable Communications Policy Act of 1984
• Amended Communications Act of 1934 • Gave FCC official authority to regulate cable TV • Substantial deregulation of cable at federal level • Shifted power to local authorities • LFA’s – Local Franchising Authorities
4 types of access channels on Cable
Public Access – open for free use by public Educational Access – educational institutions Governmental Access – city council meetings, etc. Leased Access – commercial access rented or leased
HB 318
prohibits employer from requiring or
requesting access to personal accounts of
employees and job applicants through
electronic communication devices.
Can an employer request access to private social media?
No
Is it legal to masquerade as some one else or be anonymous?
No
For a person to win a libel suit against a media outlet, the person must prove that the media acted with ____
actual malice
Using unreliable sources is not an example of reckless disregard.
False
The Telecommunications Act of 1996 brought sweeping change in regulation of broadcast communications.
True
Actual malice involves a statement with…
knowledge that it was false or with reckless disregard for the truth.
1940 Duopoly Rules established that…
no one person or company could own more than one broadcast station (am, fm, tv) in any market. Was mostly reversed by the Telecommunications Act of 1996.
Telecommunications Act of 1996…
- prevented CBS FOX ABC NBC from merging
- Most sweeping change since 1934 communications act
- No national limit on radio stations
- Radio duopoly rule dropped
- Networks could own cable systems
- Phone companies could own and operate cable
Reckless Disregard Examples
Unreliable Sources
Depth of Reporting (prof. investigations)
Bad Motives
Serious Doubts of person being interviewed
How to avoid libel:
- When in doubt, leave it out
- double check sources
- double check facts
- careful about unnamed sources
- arrests not indication of guilt
- keep crime and suspect separate
- convictions and person separate
- careful about language inferring involvement.
