COMM 317: Libel in a nutshell

Just what we've all been waiting for -- a simple explanation of what libel is. This one, by attorney Aaron Larson of Ann Arbor, Mich., defines libel in layperson's language:

Typically, the elements of a cause of action for defamation include:

1. A false and defamatory statement concerning another;


2. The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);


3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and


4. Damage to the plaintiff.

In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.

He also lists the defenses against a libel suit, starting with truth.

With that background in mind, read the article on journalism ethics by David Krajicek of The New York Daily News in the website Covering Crime and Justice put up by the Institute for Justice and Journalism, Annenberg School for Communication, University of Southern California. It's specialized, but it's the best thing you'll read on libel.