Analysis of Libel / Privacy hypothetical cases
Tylisia Crews
October 6, 2015
Case 1: The Blessed Punks, billed as a Christian folk rock group, play on campus, and the review for your student publication says that the only religious part of the experience was the wailing of damned souls coming from the stage. The university decides not to invite them back, saying students didn’t like them, and citing your review. They sue for libel. Are you in trouble?
— Are the 5 elements of libel present?
Yes. All five are actually present. The group was identified, published, defamation, faulted, and damaged.
— Can any of the main libel or privacy defenses help?
The fair comment and criticism rule could possibly protect if the group is to actually be considered …show more content…
Honestly, in this sort of situation, the only thing to do is talk to the plaintiff and explain the reason for the posting. A reasonable reason for posting would be to spread awareness and advocacy. Removing any signs of the name and situation could help. Also, apologizing could help.
— Even if you are in the clear legally, have you considered the ethical issues such as minimizing harm and having compassion for those who may be affected adversely by the media.
Ethically, printing someone’s name that has went through a hardship like sexual assault is very wrong. If the court were to look past laws and rules, the person that did this would be in serious trouble. Many victims even have trouble telling law enforcement, let alone the possible millions of people that could be reading or watching.
Case 3: A retired high school teacher, Mary Sue Smith, is arrested and charged with shoplifting. She suffers ridicule from other teachers in the area. You publish the story and the facts are recorded accurately from the police blotter. She sues for invasion of privacy and libel.
— Are the 5 elements of libel present?
Damages is visible in this case. If the plaintiff can prove the suffering, she may have a solid
Tylisia Crews
October 6, 2015
Case 1: The Blessed Punks, billed as a Christian folk rock group, play on campus, and the review for your student publication says that the only religious part of the experience was the wailing of damned souls coming from the stage. The university decides not to invite them back, saying students didn’t like them, and citing your review. They sue for libel. Are you in trouble?
— Are the 5 elements of libel present?
Yes. All five are actually present. The group was identified, published, defamation, faulted, and damaged.
— Can any of the main libel or privacy defenses help?
The fair comment and criticism rule could possibly protect if the group is to actually be considered …show more content…
Honestly, in this sort of situation, the only thing to do is talk to the plaintiff and explain the reason for the posting. A reasonable reason for posting would be to spread awareness and advocacy. Removing any signs of the name and situation could help. Also, apologizing could help.
— Even if you are in the clear legally, have you considered the ethical issues such as minimizing harm and having compassion for those who may be affected adversely by the media.
Ethically, printing someone’s name that has went through a hardship like sexual assault is very wrong. If the court were to look past laws and rules, the person that did this would be in serious trouble. Many victims even have trouble telling law enforcement, let alone the possible millions of people that could be reading or watching.
Case 3: A retired high school teacher, Mary Sue Smith, is arrested and charged with shoplifting. She suffers ridicule from other teachers in the area. You publish the story and the facts are recorded accurately from the police blotter. She sues for invasion of privacy and libel.
— Are the 5 elements of libel present?
Damages is visible in this case. If the plaintiff can prove the suffering, she may have a solid