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Libel: Criminal libel

Fewer than half of the states have criminal defamation statutes. Some of those laws, though still on the books, have been invalidated by court decision. Even in states where criminal libel laws exist, prosecution under those statutes is rare. Nevertheless, criminal libel laws are used against journalists from time to time, particularly when their reports are politically charged, and the person allegedly defamed has influence with a prosecutor's office.

Criminal libel laws are subject to the same constitutional requirements as civil libel law. Thus, a person charged with criminal libel of a public figure can be found guilty only if the allegedly defamatory statement is false and was made with actual malice.¹⁷

Notes

17. See Garrison v. Louisiana, 379 U.S. 64 (1964). For more recent cases, see Mangual v. Rotger-Sabat, 317 F.3d 45 (1st Cir. 2003); In re I.M.L., 61 P.2d 1038 (Utah 2002).

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