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Libel: Publication

For purposes of a libel lawsuit, publication occurs when information is negligently or intentionally communicated by newspapers, magazines, books, radio or television broadcasts to someone other than the person defamed.

Publication may occur through traditional or electronic means. Internet service providers, however, are not responsible for libelous information posted by their customers unless they exercise editorial control over it. The U.S. Supreme Court refused in June 1998 to review the decision of a federal court of appeals that held the Communications Decency Act of 1996 insulates service providers from liability based on the actions of their users.³

The media can be liable for the republication of a libelous statement made by another person or entity.⁴ Letters to the editor containing unsupported derogatory accusations, or containing false statements, can also be the basis of a libel suit.

However, under the "fair report" doctrine, certain public and official statements can be disclosed by the media without fear of liability. In most states, accurate reports of arrests, civil and criminal trials and official statements made to, by and about law enforcement officials are privileged. Reports of this nature must be accurate and fair in order for the reporter to invoke the fair report privilege, and it is advisable that the reporter explicitly attribute the information to the official source.

A few jurisdictions also recognize a "neutral report" doctrine, which allows reporters to publish defamatory statements made by one public figure about another public figure as long as the news report does not take sides. Again, neutrality and attribution are required.

Notes

3. See Zeran v. America OnLine, 129 F. 3d 327 (4th Cir. 1997), cert. denied, 118 S.Ct. 2341 (1998).

4. See, e.g., Khawar v. Globe Int'l, Inc., 19 Cal. 4th 254 (Cal. 1998), modified, No. S054868 (Cal. Dec. 12, 1998), cert. denied, 119 S.Ct. 1760.

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