Legal Mythbusters

Ellyn AngelottiFaculty, Digital trends & social media

Poynter Institute

What’s Changing?

Disclaimer• This is not specific legal advice, but

legal information.

Some Rules of Thumb• When it comes to the law, “it depends”– Gray areas are common– Different facts change how the law is applied

• Common questions–What is reasonable?–What is foreseeable?–What are my/my audiences expectations?

Just because you can, should you?

• Legal vs. Ethical issues– Gut check–What are your values?– Do you have a decision-making process?• Would you/could you share your process?

The new legal issues?• Posting offensive/inappropriate

content– Badmouthing others

• Privacy expectations– Social media files, emails, etc.

Danger Areas• Defamation– Key Point: Falsity of Fact

• Copyright– Key Point: Market Value

• Privacy– Key Point: Consent

Defamation: Guiding Values• Seek truth and report it• Minimize harm

What is Defamation?• Injury to reputation caused by

publishing a false statement of fact AND– A publisher was careless, reckless or had

knowledge of falsity– The defamed person can be identified

• Public vs. Private person

– Injures a person or business/exposes someone to hatred, ridicule or contempt

What is NOT Defamation?• Who– Libelproof Defendants• Someone with an already tarnished

reputation

– Deceased– *More difficult* Public Figures• Must prove actual malice

Who Is A Public Figure?

Who Is A Public Figure?

Who Is A Public Figure?

Who Is A Public Figure?

Who Is A Public Figure?

Who Is A Public Figure?

Content: Fact vs. Opinion• Is it true?• Can you determine if it is true or

false?• Context

What is not defamation?• Content– Opinions• The “true or false” test

– Hyperbole– Parody

Is it Defamatory?• My neighbor John Smith is a stinking lush.• In my opinion the mayor is an alcoholic. • My attorney Dan Jackson is a crook.• All Florida attorneys are crooks.• Calling a TV show participant a “local

loser,” “chicken butt” and “big skank”• Calling someone a pimp

Defamation Tips• Create standards and follow them– Accuracy (Check, double check and

triple check)– Thoroughness (The more perspectives

and sources, the better)– If you’re making a bold claim, make sure

all sides are represented (gives you more credibility)

– Support opinions with on-the-record quotes

Defamation Tips• We all make mistakes– Promptly correcting or retracting

inaccuracies can boost your credibility with your audience

– Carefully investigate claims that you are incorrect

Online Commenters• Determine how you will moderate

comments– Before or after publication–Will you strike or edit comments?

• Thoughtfully craft your terms of service• Authors: make your presence known• Enable user comments only for stories

that will benefit from it/if you can handle it.

Resources• Electronic Frontier Foundation– http://www.eff.org/

• Reporters Committee for the Freedom of the Press– http://www.rcfp.org/

• Online Media Law: The Basics for Bloggers and Other Publishers– http://www.newsu.org

• Citizen Media Law Project– http://www.citmedialaw.org/