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Topic: Libel laws


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In the News (Tue 22 Dec 09)

  
  Unfettered Press: Libel Law in the United States
Libel is a legal term that describes a written form of defamation, which the dictionary defines as a "false or unjustified injury to someone's good reputation." Sometimes the word slander is used in the same breath as libel.
Libel cases, which are part of civil (rather than criminal) courtroom proceedings, may be heard by juries, and it is up to the jury to decide whether a publication has printed libelous information about someone.
The ongoing debate over libel has prompted at least one proposal for a new set of libel laws that would make it easier for public officials and others to prove their cases.
usinfo.state.gov /products/pubs/press/press08.htm   (2228 words)

  
  Los Angeles Lawyer - Slander and Libel
In most early systems of law verbal injuries were treated as a criminal or quasi-criminal offence, the essence of the injury lying not in pecuniary loss, which may be compensated by damages, but in the personal insult which must be atoned for: a vindictive penalty coming in the place of personal revenge.
In admiralty law, a libel was the equivalent of a civil lawsuit.
English law allows actions for libel to be brought in the High Court for any published statements which defame a named or identifiable individual or individuals in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them.
www.danataschner.com /slander_and_libel.html   (2587 words)

  
 California Veggie Libel Law
In California, the nation's most abundant farm state--where agriculture is a $24.5-billion-a-year industry and nearly one in 10 jobs relates directly to farming--efforts to pass "veggie libel" legislation have failed on 1st Amendment grounds and because of concerns about the potential chilling effect on food-safety debates.
Veggie libel laws have their roots in the 1989 crisis involving apples and alar, a growth regulator.
The highest-profile test of a veggie libel law to date involves none other than talk-show doyenne Oprah Winfrey, who, along with her production company, her program's distributor and a guest on one of her programs, is a defendant in a suit brought by Texas cattle interests.
www.vegsource.com /lyman/veggie_libel.htm   (1178 words)

  
 Britain's Libel Laws Finally Join the Modern Age - Bench Conference
The Law Lords, Britain's highest court in the House of Lords, ruled that newspaper publishers, editors and reporters who are sued for libel are not required to prove the truth of the allegations contained in their pieces.
So their laws are based on the words and deeds of the Queen in counsel (Parliament); this is why the House of Lords is can interpret and apply rules of law as they (and presumably the Queen) see fit.
But the ideas and laws of foreign nations cannot be come "law" in America outside of the representative process.
blog.washingtonpost.com /benchconference/2006/10/britains_libel_laws_finally_jo.html   (1140 words)

  
 Spartanburg SC | GoUpstate.com | Spartanburg Herald-Journal   (Site not responding. Last check: 2007-09-24)
In admiralty law, a libel was the equivalent of a civil lawsuit.
English law allows actions for libel to be brought in the High Court for any published statements which are alleged to defame a named or identifiable individual or individuals in a manner which causes them loss in their trade or profession, or causes a reasonable person to think worse of him, her or them.
Australian law tends to follow English law on defamation issues, although there are differences introduced by statute, and by an implied constitutional limitation on governmental powers to limit speech of a political nature.
www.goupstate.com /apps/pbcs.dll/section?category=NEWS&template=wiki&text=slander   (4792 words)

  
 Food libel laws
Food libel laws, also known as food disparagement laws, are laws passed in 13 U.S. states that make it easier for food industry interests to sue their critics for libel.
Proponents of food disparagement laws often cite the Alar "scare" as proof of the necessity of such laws, as farmers' protection against a loose-lipped public.
Apple growers subsequently sued CBS under existing libel laws and lost (perhaps because the chemical is, in fact, carcinogenic.) "Never again--not another Alar" became a rallying cry for the food industry.
www.studycrime.com /Tort-Law/Food_libel_laws.php   (323 words)

  
 BBC - Action Network - How to avoid libel and defamation
Libel law protects individuals or organisations from unwarranted, mistaken or untruthful attacks on their reputation.
Almost uniquely in English law, in libel cases the burden of proof lies with the author / publisher and not the complainant.
Privilege is the defence where the law recognises that individuals should be free to speak their minds (and others to report what they say) without fear of being sued even if they get their facts wrong.
www.bbc.co.uk /dna/ican/A1183394   (1684 words)

  
 It's Time to Reform Canadian Libel Law   (Site not responding. Last check: 2007-09-24)
Canadian libel law is so draconian that people come from all over the world to file libel suits in Ontario.
Libel chill means that people are afraid to criticize powerful people who might bankrupt them with a costly suit.
Stringent libel laws may have made sense five hundred years ago, when British royalty wanted to stop the nobility from dueling by giving them a legal remedy against character slurs.
www.cs.uwaterloo.ca /~shallit/libel3.html   (475 words)

  
 LIBEL AND THE LAW
Libel laws vary from state to state with each state free to make changes in its libel code whenever it chooses.
Seditious libel is rare, but it has occurred in cases when news organizations or individuals have written violent defamations of the government in their opposition to federal laws or the decrees of federal courts.
Some state laws read that truth alone will suffice as a defense in a civil libel suit; others maintain that the truth must be "without malice." In either case, the facts published must be provably true.
www.tpub.com /journalist/95.htm   (1483 words)

  
 Veggie Libel
Moreover, in most states that have enacted these laws, food critics must demonstrate that their claims are grounded in reliable scientific facts and data.
While standards vary by state and nature of a claim, in general, the common law and First Amendment require a plaintiff in a defamation or even disparagement case to prove an allegedly defamatory statement was untrue and that the speaker knew or should have known that it was untrue.
The scientific evidence standard of the veggie-libel laws further stands to discourage many critics, reporters and publishers from saying virtually anything about food absent current and documented scientific evidence, which quite often is impossible to determine or in the sole possession of the industry being criticized.
www.thirdworldtraveler.com /Environment/Veggie_Libel.html   (1767 words)

  
 2003 JAPAN LAW
Libel cases were active in 2003, most famously by leading politicians caught all too frequently in compromising situations.
This is of concern as well due to claims that new privacy laws enacted in June, 2003 are actually aimed by powerful politicians as a means of silencing the more “uncooperative” elements of the Japanese press.
The Tokyo District Court dismissed a libel suit for 22 million yen filed in 2001 by former Justice Minister Shozaburo Nakamura over an article by Kyodo News that he had tried to improperly influence a criminal investigation while he was minister.
www.japanlaw.info /law2003/2003_LIBEL_LAW_AND_CORRUPTION.html   (1255 words)

  
 Petition to: revise Britain's libel/defamation laws in such a manner as to support and not abridge freedom of ...
Petition to: revise Britain's libel/defamation laws in such a manner as to support and not abridge freedom of expression.
We the undersigned petition the Prime Minister to revise Britain's libel/defamation laws in such a manner as to support and not abridge freedom of expression.
Britain's libel laws are amongst the most restrictive and inequitable to found in any Western liberal democracy - so bad that even Americans now come to the UK to sue for libel - and amount to no more than the privatisation of censorship.
petitions.pm.gov.uk /libellaws   (204 words)

  
 BuzzMachine » Blog Archive » The end of libel
She said the internet enables people to respond to libel in a way that was not possible before, when access to the press or the tower was essential to right a wrong.
The funny thing was that one of the big-media guys said he didn’t think that John Roberts would ever overturn libel laws based on the memo The Times has reported on the day before, in which Roberts allegedly argued that the extra protection afforded the press in the Sullivan case should be eliminated.
Law professor and blogger Susan Crawford once suggested over coffee (and I hope she doesn’t mind my continued quoting of this) that libel laws are out-of-date in a time when the victims of defamation have the means of response via the internet that they never had in print or broadcast.
www.buzzmachine.com /2005/09/29/the-end-of-libel   (668 words)

  
 The Daily Californian
Libel occurs when a newspaper prints something that is not only false, but damaging to a person's reputation.
Laws shielding the public from the press are generally split into two areas - protection for the private person and defense of the public figure.
The exorbitant cost of defending a libel suit is enough to force a newspaper to make debilitating cutbacks, translating into fewer reporters, less ad revenue and an injured reputation of its own.
www.dailycal.org /article.php?id=1732   (1114 words)

  
 Defamation Laws - Slander and Libel Laws
Other laws that come into play, are those enacted by many states that allow employers to speak candidly about former employees during employment background checks, with immunity from defamation lawsuits.
The malicious act of firing an employee under the guise of a false statement of fact (such as for retaliatory reasons) can be harmful enough to be defamation per se, before the false statement has been communicated to a third party.
Consequently, it'll take investigation by a lawyer who specializes in the defamation laws of your state, to determine whether or not a statement or act warrants a defamation lawsuit worth pursuing.
employeeissues.com /defamation_2.htm   (379 words)

  
 ASNE - The Uniform Corrections Act: A way out of the libel litigation nightmare   (Site not responding. Last check: 2007-09-24)
Libel awards were made against newspapers in 1996 in five states (Missouri, Georgia, Arkansas, Indiana, and Iowa) in cases that went to trial.
Libel suits today are expensive to litigate and difficult to win, but plaintiffs continue to bring them because, in the absence of a published correction, there is no other way to protect themselves from injurious false statements.
The National Conference on Uniform State Laws is funded by the states, made up of legal experts appointed by the states and exists to propose uniform laws where it deems appropriate.
www.asne.org /ideas/ucaseaton.htm   (1785 words)

  
 New York Times Co. v. Sullivan (1964)
Alabama law denies a public officer recovery of punitive damages in a libel action brought on account of a publication concerning his official conduct unless he first makes a written demand for a public retraction and the defendant fails or refuses to comply.
Once "libel per se" has been established, the defendant has no defense as to stated facts unless he can persuade the jury that they were true in all their particulars.
None of the cases sustained the use of libel laws to impose sanctions upon expression critical of the official conduct of public officials.
www.bc.edu /bc_org/avp/cas/comm/free_speech/nytvsullivan.html   (12002 words)

  
 [No title]   (Site not responding. Last check: 2007-09-24)
Libel - For comments about an individual to be libelous, they must: (1) be false and (2) injure that person's reputation.
Defamation consists of the related torts of libel (written statements) or slander (oral statements), which involve a false statement tending to injure the reputation of another.
Defamation laws vary from country to country and in countries such as the Canada, Australia and the United States, it can vary from province to province and state to state.
iml.jou.ufl.edu /projects/STUDENTS/Patillo/libel.htm   (307 words)

  
 Wired 4.03: Libel Law: Let It Die
The theory behind libel law is simple: it's possible to say or publish something that so badly injures someone's reputation that it measurably damages his or her life and livelihood.
It's the latter case, Gertz, that points to why libel law may be on the verge of obsolescence.
But since private individuals supposedly don't have the kind of access to mass media it takes to correct the record, the First Amendment allows the states to use libel law to level the playing field, making it easier for private individuals to counter the damage done to their reputations by mass media.
www.wired.com /wired/archive/4.03/letitdie.html   (915 words)

  
 EFF: Bloggers' FAQ: Online Defamation Law
Libel is a written defamation; slander is a spoken defamation.
Since libel is considered in context, do not take these examples to be a hard and fast rule about particular phrases.
For example, it was not libel for ESPN to caption a photo "Evel Knievel proves you're never too old to be a pimp," since it was (in context) "not intended as a criminal accusation, nor was it reasonably susceptible to such a literal interpretation.
www.eff.org /bloggers/lg/faq-defamation.php   (2101 words)

  
 Throwing our judicial junk in Britain's backyard (or courts) | csmonitor.com
Under our libel laws, believe it or not, the claimant does not have to prove falsity - only that the allegedly defamatory statement was potentially damaging to his or her reputation.
Libel is that rare area of law in the United Kingdom where the defendant - the person being sued - is not innocent until proved guilty.
So our libel laws are known as "The Rich Man's Law," because only those with millions of pounds at their disposal (libel cases are notoriously expensive) can afford to sue.
www.csmonitor.com /2006/0724/p09s01-coop.html   (998 words)

  
 Jamaica Gleaner - Mixed views on region's defamation, libel laws - Friday | May 2, 2003
Mendel charged that these laws were used in many countries around the world to "prevent open public debate and legitimate criticism of wrongdoing by officials".
Under Jamaica's libel laws, a person who repeats or republishes a defamatory statement is no less guilty of libel than the person who published the original statement.
As the law now stands, the jury is the sole arbiter in deciding awards in defamation cases.
www.jamaica-gleaner.com /gleaner/20030502/lead/lead3.html   (841 words)

  
 AsiaMedia :: BRITAIN: UK court eases libel laws in public interest
But the ruling, which will bring Britain's libel laws closer to America's more unbuttoned posture, specified that the media must not abuse the privilege of free expression and must only publish allegations it believes to be in the public interest and ascertained through neutral reporting.
Britain's libel laws, which have often been criticised as too heavily weighted in favour of claimants, have provoked a doubling of defamation cases brought by celebrities against newspapers.
The threat of a libel suit often looms large in the minds of editors and publishers and British newsrooms routinely employ round-the-clock duty lawyers to vet copy against the possibility of being taken to court or the cleaners.
www.asiamedia.ucla.edu /article.asp?parentid=55194   (729 words)

  
 Digital Rights Ireland » Libel Laws In Ireland   (Site not responding. Last check: 2007-09-24)
Given that libel actions, alone amongst civil proceedings, are heard in front of a jury, such a defence is high-risk and unpredictable at best.
Under the regulations, hosts are given an immunity from libel liability, which can be lost where a host is aware of defamatory content and fails to act expeditiously to remove or block the offending content.
Libel is also prone to misuse by those who seek to restrict the dissemination of information.
www.digitalrights.ie /2006/01/06/libel-laws-in-ireland   (2007 words)

  
 Internet web publishing journalism libel privacy laws
The Court of Appeal held that the federal law just said an ICS was not liable as a "publisher' and said nothing about liability as a "distributor," so they can be liable for defamation if they know or have reason to know the material is libelous.
Libel is the publication of false, defamatory statements.
In the UK the law is being refined by case cases, but it appears that blog comments are now treated like "Letters to the Editor", and published on your blog, at your peril.
www.dba-oracle.com /internet_journalism_libel_laws.htm   (2684 words)

  
 Libel, e-Libel or Internet Libel at Philippine e-Legal Forum
Libel is “a public and malicious imputation of a crime, or of a vice or defect, real or imaginary, or any act, omission, condition, status, or circumstance tending to cause the dishonor, discredit or contempt of a natural or juridical person, or to flen the memory of one who is dead.” (Art.
To be liable for libel, the following elements must be shown to exist: (1) the allegation of a discreditable act or condition concerning another; (2) publication of the charge; (3) identity of the person defamed; and (4) existence of malice.
The fact that a communication is privileged does not mean that it is not actionable; the privileged character of the communication simply does away with the presumption of malice, and the plaintiff has to prove the fact of malice in such case.
jlp-law.com /blog/libel-e-internet-libel   (1199 words)

  
 NM&L (Winter 2003): Questions of Internet jurisdiction spin web of confusion for online publishers
Libel and defamation laws differ widely throughout the world, and most countries have far fewer press protections than the United States.
Hiring attorneys to advise on foreign libel laws is bound to be costly.
One comforting factor is that even if plaintiffs win libel cases in other countries, their judgments may not be enforceable in the United States, meaning the media company sued may never have to pay.
www.rcfp.org /news/mag/27-1/lib-interjur.html   (2544 words)

  
 Web Law FAQ   (Site not responding. Last check: 2007-09-24)
Under US copyright law, for example, any original work fixed in a tangible medium is automatically protected by copyright regardless of whether any copyright formalities are done.
Under US law, for example, even if the copyright owner has not given permission, it is still okay to copy something so long as the copying falls within what is called "fair use".
This discussion focuses on the law in the United States, and while many other countries have similar laws, there are differences from country to country.
www.patents.com /weblaw.sht   (6802 words)

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