Can I Publish This?
Libel
Does your content contain information—facts, photos, videos, drawings—about a person, business, or small group?
Libel
This content should not put you at risk for liability for libel, because only individuals, businesses, and small groups can generally sue for libel successfully.
Libel
Does your content contain or imply statements that are provably true or false or does your content only include opinions? Simply saying "in my opinion" does not make a statement an opinion in a legal sense. To legally be an opinion, the statement must be incapable of being verified.
*Photos, ads, etc. can imply factual statements if a reasonable reader would believe there was an implication or innuendo that something was true.
Watch out! Not everything that says "in my opinion" is an opinion. Legally speaking, a statement is only an opinion in the legal sense if it is a subjective view. For example, "In my opinion, Adam is an embezzler" is not an opinion, since it could be proved that Adam has never embezzled. On the other hand, "Adam is a dummy" is a legal opinion, since "dummy" is up to subjective interpretation.
Libel
This content should not put you at risk for liability for libel, because, opinions, as legally defined, cannot be defamatory. That said, please double-check that any content that can be verified has been verified to the best of your ability.
Libel
Could those statements be seen as damaging the reputation of that person, business, or small group of people?
Libel
This content should not put you at risk for liability for libel, because defamation only applies to false statements that damage the reputation of a person, business, or small group.
Libel
Does the person, business, or group your content is about work for the government?
Libel
Are they a household name?
Libel
This person is probably a public figure. To be successful on a libel claim, they must prove actual malice. But actual malice doesn't mean ill will. It's weird. Let's explore what this means for you.
"Actual malice" means "with knowledge of its falsity or with reckless disregard of whether it was true or false." In other words, libel happens when a reporter, an editor, or a publication knows certain content to be untrue or has reason to know it might be untrue, but publishes it anyway.
Libel
Have they thrust themself into the center of a particular matter or controversy in order to influence its outcome?
Libel
This person is probably a private figure. Let's explore what this means for you.
Libel
Does your content involve matters of public concern (issues any segment of the general public would be interested in) or matters purely of private concern (issues that have no relevance to the general public or that involve only personal matters)?
Libel
Some courts apply a negligence standard in these situations. This means you are most insulated from legal risk if you follow commonly accepted journalistic practices, including having multiple sources, taking good notes, and abiding by the Society of Professional Journalists' code of ethics.
However, other courts apply an actual malice standard in situations concerning private figures and public issues. Let's explore what that might mean for you.
"Actual malice" means "with knowledge of its falsity or with reckless disregard of whether it was true or false." In other words, libel happens when a reporter, an editor, or a publication knows certain content to be untrue or has reason to know it might be untrue, but publishes it anyway.
Libel
Individual states create their own standards of liability, so long as there is some intent requirement. In other words, a state can't just say that any person who says any false thing about another person is liable for defamation.
The most common standard of liability for private persons is negligence, meaning failure to act reasonably in investigating the truth or falsity of the published information. This means that you are most insulated from legal risk if you follow commonly accepted journalistic practices, including having multiple sources, taking good notes, and abiding by the Society of Professional Journalists' code of ethics.
Libel
Is your content about that particular matter or controversy?
Libel
This person is probably a limited purpose public figure. To be successful on a libel claim about content related to that matter or controversy, they must prove actual malice. But actual malice doesn't mean ill will. It's weird. Let's explore what this means for you.
"Actual malice" means "with knowledge of its falsity or with reckless disregard of whether it was true or false." In other words, libel happens when a reporter, an editor, or a publication knows certain content to be untrue or has reason to know it might be untrue, but publishes it anyway.
Libel
Do they have some control or power over official decisions?
Libel
This person is probably a public official. To be successful on a libel claim, they must prove actual malice. But actual malice doesn't mean ill will. It's weird. Let's explore what this means for you.
"Actual malice" means "with knowledge of its falsity or with reckless disregard of whether it was true or false." In other words, libel happens when a reporter, an editor, or a publication knows certain content to be untrue or has reason to know it might be untrue, but publishes it anyway.
Libel
Do you know the content to contain falsehoods?
Libel
Publishing something you know to be false can open you and your publication up to liability for libel. But there are exceptions! Let's explore those.
Libel
Well, that's a relief! Even if you don't know for sure, do you have any reason to believe you may not have your facts right? Maybe a source mentioned a possible other explanation, or you noticed something was a little off with a document you relied on? Or maybe you haven't interviewed enough sources or gone through fact checking?
Libel
Please do more investigating! If you have reason to believe your facts aren't right and you publish anyway, you could be found to have acted with actual malice. This could open you and your publication up to serious liability for libel.
That said, there are exceptions when publishing something you believe might be false is not considered libel. Let's explore those.
Libel
Good job! This content should not be legally risky, as you likely cannot be found to have acted with actual malice because you don't know or have reason to know anything is false.
Libel
Is the potentially false information based on an official document, court proceeding, or government meeting?
Libel
This type of potentially false information—that which is quoted or paraphrased from an official document or proceeding—may avoid legal risk. That's because many states recognize the fair report privilege. However, be careful! Not every state recognizes this privilege, and states define the privilege in various ways—some more protective, and some less.
Double-check your facts, check out our resources page, and consider reaching out for help at 1-717-734-SPFI or through our online form.
Libel
Publishing this material may present serious legal risk. Publishing something you know or believe might be false can open you and your publication up to liability for libel, and this is especially true if it's not based on information learned through official sources, such as government documents and meetings. Journalists should always strive to publish only the truth.
Double-check your facts, check out our resources page, and consider reaching out for help at 1-717-734-SPFI or through our online form.