Digital Media Law

Chapter 4:
Defamation

Chapter 4 examines defamation, a key area of media law that balances the right to free expression with protecting individuals from false statements that harm their reputation. You’ll learn what makes a statement defamatory, the legal elements a plaintiff must prove, and the defenses available to media enterprises.

Key Concepts in this Chapter

Defamation Basics

  • Defamation: False statements of fact that harm another’s reputation.

  • Libel vs. Slander: Written (or otherwise permanent) vs. spoken (historically more fleeting).

  • Today, most cases are treated as libel because digital and broadcast content is enduring.

Who Can Be Defamed?

  • Any living individual.

  • Corporations and organizations (though harder to prove).

  • Not government agencies.

  • Claims “die with the person” — estates cannot sue for defamation of the deceased.

Elements of Defamation (per Restatement of Torts)

  • A false and defamatory statement of fact about the plaintiff.
  • Identification of the plaintiff (directly or indirectly).
  • Publication to at least one third party.
  • Fault by the defendant (negligence or actual malice).
  • Harm to the plaintiff’s reputation.

    Falsity

    • Truth is a complete defense.

    • Minor inaccuracies that don’t change the “gist” are not defamatory.

    Identification

    • Direct (name) or indirect (details that clearly point to the person).

    • Group defamation applies only if the group is small enough that a member can reasonably claim identification.

    • Risk in fictional works if characters are too similar to real people.

    Defamatory Meaning

    • Per se: Statements inherently defamatory (criminal conduct, loathsome disease, sexual misconduct, harm to profession).

    • Per quod: Defamatory only with outside context (extrinsic evidence required).

    Fault Standards

    • Actual malice: Knowledge of falsity or reckless disregard for truth (New York Times v. Sullivan), applies to public figures and public officials.

    • Negligence: Failure to exercise reasonable care, applies to private individuals.

    Defenses

    • Truth.

    • Opinion / rhetorical hyperbole (not statements of fact).

    • Privileges (e.g., fair report of government proceedings).

    • Statute of limitations.

        Test Your Knowledge

        1. The requirement that a defamatory statement must sufficiently point to the plaintiff is known as:

         
         
         
         

        2. Statements made by legislators during official floor debates are protected by which privilege?

         
         
         
         

        3. Which type of damages in defamation may be awarded even without proof of actual harm, provided certain standards are met?

         
         
         
         

        4. Historically, slander differed from libel primarily based on:

         
         
         
         

        5. Punitive damages in defamation are primarily intended to:

         
         
         
         

        6. Damages that can be proven with a specific dollar amount (e.g., lost salary) are called:

         
         
         
         

        7. A statement that falsely accuses someone of having a loathsome disease is an example of:

         
         
         
         

        8. What are the two traditional categories of defamation?

         
         
         
         

        9. Under modern practice, most media‑related defamation claims are treated as:

         
         
         
         

        10. Accurately quoting statements from a police press conference, even if they later prove false, is typically shielded by:

         
         
         
         

        11. Under the single‑publication rule, a plaintiff must bring a defamation suit:

         
         
         
         

        12. When a statement could reasonably be understood to refer to a small group, individual members may sue for defamation under the concept of:

         
         
         
         

        13. Publishing a false statement about a plaintiff with reckless disregard for its truth or falsity is known as:

         
         
         
         

        14. Truth is considered what kind of defense to defamation?

         
         
         
         

        15. Which of the following CANNOT be defamed under U.S. defamation law?

         
         
         
         

        16. Public officials must prove which level of fault to win a defamation claim involving their official conduct?

         
         
         
         

        17. Which element of defamation is satisfied when a statement is communicated to at least one third party?

         
         
         
         

        18. A defamation defendant who relied in good faith on a reputable news wire and had no reason to doubt its accuracy might invoke the:

         
         
         
         

        19. A plaintiff whose reputation is already so poor that it cannot be further harmed is referred to as:

         
         
         
         

        20. Defamation per quod requires the plaintiff to show:

         
         
         
         

        Ideas for Future Study

        • The Role of Social Media: How does the speed of digital publishing increase defamation risk?
        • Public vs. Private Figures: Research examples of where courts drew the line.
        • Damages: Explore how courts calculate reputational harm, especially for online content.
        • Defamation-Proof Plaintiffs: Should people with notoriously bad reputations be barred from suing?
        • International Comparison: How do U.S. defamation laws differ from those in the UK, where libel laws are stricter?

        Parting Thought

        Defamation law asks us to balance two values: protecting individuals’ reputations and safeguarding free expression. Which should weigh more heavily in today’s 24/7 digital media environment, where stories can go viral instantly and reach millions in minutes?