Sticks, Stones and Lawyers
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by: sanju
The legal definition of libel is the publication and distribution of false information regarding an individual which is defamatory in nature, and has been published and distributed with malicious intent. Subjects covered under the libel laws include allegations of criminal behavior, sexual or moral inappropriateness, or any allusions to a person’s competency or lack thereof in their profession.
TRUTH AS DEFENSE
The key words contained in this definition are alse information.If a writer can establish that the information they have written and published is true, then they have made their case.
But truth is not necessarily an absolute, and there are steps every writer must take in order to get an audience or a judge to see things their way.
SOURCES
The first is to have impeccable sources of information. Yes, everyone is flawed, but some flaws create larger credibility gaps than others. For example, Juanita Brodericks story of being raped by Bill Clinton was undamaged by her flaw of being involved at the time with another man while still married. The weight of her capacity as a successful businesswoman who was well-grounded gave her an air of veracity. On the other hand, the publishing house which released and soon retracted the book, Fortunate Son, had depended heavily on the testimony of a drug user dealer to support claims of President Bushs cocaine use. Drug dealers and users are known to be less than credible, and with no corroborating evidence, the story was built on very shaky ground.
EVIDENCE
The second step is to verify all information with some sort of corroborating evidence. Public records, receipts, time cards, or any written evidence that comes from a source with no horse in the race, so to speak, are good backups for information received from a source. But take a lesson from Dan Rather, and be certain that any documentation has not been corrupted. At the very least, have more than one piece of evidence to support any allegations.
CONTEXT
Finally, be sure you are accurate in describing the context of the behavior you are alleging. Recently, a judge successfully sued a television news team for libel. The reporters editorial slant was that this judge was soft on crime, and had little empathy for victims. The judge did not refute the truth of the cases reviewed however, he stated that the cases described in their news stories were aberrations, and that an overview of all the cases adjudicated in his courtroom would present a more accurate picture of his judgments and behavior. Everyone can have a bad day, and everyone makes poor decisions at some time. Playing the gotcha game can only damage your credibility as a writer, and could possibly cost you more than your reputation.
CELEBRITY DOESNT EQUAL TARGET
Public figures face the reality that they have fewer rights to privacy than an ordinary person. This does not exempt writers from doing their due diligence if a celebrity is their chosen topic. A good writer would never depend solely on the marketing fluff spun by a celebritys publicist, but neither should they depend solely on information from the hairdresser, housekeeper, or gardeners cousin. Once again, good sources make a good story, and also protect the writer from legal action.
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