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/
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