3. Other remedies

In West Virginia, there have been no cases addressing penalties for noncompliance in a libel case. Potentially, in a civil case where the journalist is a party and he refuses to comply with an order compelling disclosure of a source or other information, a remedy such as default judgment may be imposed by the court against the media defendant. There is no statute or caselaw, however, that allows a court to instruct a jury that there is a "presumption of actual malice" or a presumption that there is no actual source.