Friday, March 13, 2009

Libelous or Not?

In Tim Harrower's book "Inside Reporting", he states there are five criteria that constitute libel:

1) Statements must be false, based on facts that are wrong or unverifiable

2) Statements must be defamatory

3) Statements must be published

4) Plaintiffs must be identifiable

5) The defendant must be at fault through negligence or malice


Based on this list and some common sense, here are the statements and their libel statuses:


S1) A sophomore at Springfield University claims a chemistry professor has sexually harassed her.

Not libelous.

S2) Karen Hart, 123 Hill Hall, says the professor, George O.T. Jungle, has touched her during tutoring sessions in his office and has invited her to his apartment several times. She said she declined his invitations.

Could be considered libelous-criteria one needs to be verified. If the statements are true, there is no libel case. If the facts are proven to be false, there is. Unless one of the parties wanted be be identified, names should be omitted until the case is closed and home addresses should never be disclosed to the public.

S3) "I am having trouble in the class and I have to go see him to get help with my papers and projects," Hart said. "But I am scared to go in his office now."

Not libelous.

S4) Jungle denied having an improper contact with the student and threatened this newspaper with a libel suit if it published the story.

Like S2, it could be considered libelous-criteria one needs to be verified. If he is making a false claim, there is no case. If he is stating the truth, he has a libel case against the publication.

S5) Hart said she is thinking of filing a formal complaint with the university.

Not libelous.

S6) "I don't know how to do that," she said. "I don't know what to do."

Not libelous.


It would be important to note the age of Ms. Hart - if she is a minor, this is a more serious accusation. I would not run the story until a formal complaint was filed with the institution, the police notified and a formal report filed that would be accessible to the press. If the case progressed, witnesses might be found who knew of earlier events relevant to the case. This additional input could help verify the facts and motives of all parties involved. Otherwise, it's just a "he said/she said" drama that is not newsworthy at this point.


1 comment:

  1. The key point you make is that a report has not been filed. You are correct that no story should run until then.

    10/10

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