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Libel and slander are types of defamation. However, there is a difference; Libel is a written false statement that is damaging to a person’s reputation, and the plaintiff can recover, while slander is the crime of making a false spoken statement against a person’s reputation. The plaintiff will need to prove it.
In the media career, one is likely to confront Libel as the core work involves writing to reference the damage claim.
- List and explain the six elements of a libel claim.
Libel claim elements include:
- The plaintiff can prove by use of printed media that the information had been communicated to other people.
- The plaintiff has been directly or indirectly identified in the information shared—also, the information related to the person.
- Harm to an individual. It should be proven that the statement causes serious harm, disgrace, or injury to the individual’s reputation.
- The plaintiff should be able to prove the position that the defendant was at fault.
- False information. The published information is considered to be false by the plaintiff.
- The Public figure standard. There is a need to show actual malice. The US Supreme Court ruled that the plaintiff must prove that the statement was false. This move protected the public officials and gave freedom to media personnel.
- Why are statements of opinions protected? How do you tell the difference between a statement of opinion and a statement of fact? Is the following statement a statement of opinion or a statement of fact, and why do you reach your conclusion: “In my opinion Tom is a convicted felon.”
A statement of opinion is a viewpoint or personal judgment that is not conclusive and proven. It is a protected form of speech. It’s a right to voice opinions and comment on public interest matters in the US constitution First Amendment, thus considered pure opinions.
The difference between a statement of opinion and a statement of fact is that opinion statements cannot be proven. It is a person feeling expression and can be used to mislead. Still, a statement of facts can be proven to be true or false.
“In my opinion Tom is a convicted felon.” This view is a statement of opinion, as the speaker is expressing his personal feeling judgment to the subject and has no finality to the matter.
- Describe the two standards of the fault and to which groups of people do each applies?
The two standards of faults are actual malice and negligence. Actual malice is publishing a statement knowing it’s false or has falsity; it applies to the publishers and media writers as they are supposed to investigate and determine information’s factualness before publishing and avoid defamation.
Negligence is the act of not upholding appropriate care expected. This formation applies both to the public officials and the media as they are accountable to the public.
5.Examine this list of risky words in the Southeast several decades ago and identify three risky words then and there that are not likely to be considered defamatory in Cincinnati in 2020 and explain why you think this.
The list of words includes Skank, fifty chicks, random guy, more dirt, local loser, and chicken butt. The three words that are not likely to be considered defamatory in Cincinnati in 2020 are loosely rhetoric words that exact meaning cannot be related to Fifty chicks, random guy, and chicken butt.
- Identify three quotes from this transcript that might be libelous. Analyze each of them in the context of the six elements of a libel claim, and then tell me whether you think the quote creates a likelihood of a successful claim and why or why not.
Three quotes that are libelous in the transcript include:
- a) Too frequently, men say inappropriate things to women. This quote is defamatory as it undermines a man as an individual that does not respect women and their rights. In the context of the six elements of a libel claim, it fits, publication, identification, harm, and defamation.
This formation has a likelihood of a successful claim because all men are being defamed for a few men’s actions.
- b) Freeman said women should not respond by saying things that may mislead the offender. This quote is libelous since men are offenders, which is defamatory given that an offender is an individual who has already been convicted of a crime. In the context of the six elements of a libel claim, it fits, publication, identification, harm, and defamation.
This formation has a likelihood of a successful claim. The generalization of all men as offenders is libelous.
- c) She said almost every woman had found herself in situations where a man directs and welcomes sexual comments her way. Freeman’s statement is defamatory to man as it shows that men are generally sexual abusers and cannot relate decently with women. The generalization that almost every woman depicts that this is a behavior that men commonly have is not the case. The six elements of a libel claim fit, publication, identification, harm, and defamation in the context of the six elements of a libel claim.
This formation has a likelihood of an unsuccessful claim as the subject is dependent on the women’s judgment, and Freeman’s words can be considered opinion in a lawsuit.
Seven. Does the photo’s combination in this story in the Enquirer with the story, headline, and caption constitute Libel? Explain your analysis in the context of the six necessary elements. (and be sure to look closely at the photo credit.)
In the given magazine cover case study, it is evident that the photo story, headline, and caption constitute Libel. The photo image is distorted as the CEO has along with the nose; the headline has a metaphorical wording of business and the caption liar very profound and demeaning, yet there is a picture of the CEO on the cover page. The libel elements of publication, harm, identification, fault, and false information are apparent in the context.
The information has been written, published, shared with the public, and references can be made to the copy.
Identification. The CEO of the company is identified in the picture, and his name is quoted. Thus the public identifies him and relates to the story given.
Harm. The CEO suffers this identification as an individual, the organization, and the employees.
Fault. CEO Ken Lay’s photo image has been distorted with a long nose, which is demeaning. The journalist is at fault for deliberately distorting the photo.
False information. The CEO Ken Lay’s quote has also been distorted as the word has never been superimposed in the statement he had said, thus altering his intended message.
8.There are two possible defamatory statements being express in the B2.0 Cover illustration, one literal and one metaphorical. Describe each one and analyze it in terms of the elements of a libel claim. Concerning each, state whether you think a libel claim is likely to be successful and explain why you think that.
There are two possible defamatory statements expressed in the cover illustration that is literal and metaphorical.
The literal statement is noted in the CEO Ken Lay’s quote, where the word ‘never’ has been included in the paragraph, yet the CEO never used that term. This formation fits the libel claim elements publication, identification, harm, false, and defamation. The word has been published, shared with the public, and yet they were not said by the CEO, thus causing harm as the integrity of the CEO is questionable, defamation, and considered false.
The literal statement libel claim is likely to be successful as it fits all elements key in a libel claim.
The symbolic statement used is the word in the headline ‘BLIONESS.’ The word has been used instead of the word ‘Business’ and has a feminine expression. The photo image has also been altered as the CEO has a long nose, which is abnormal and shows something smelly. This formation fits the libel claim elements publication, identification, harm, false, and defamation. The word and picture have been published and shared with the public, yet they are not accurate reflections of the CEO, thus causing harm, defamation, and false.
The symbolic statement libel claim is likely to be successful as it fits all elements key in a libel claim.
- What two things are required before any given court has the power to decide any given dispute?
The two things required before any given court has the power to decide a given dispute include: Jurisdiction and standing to sue
For jurisdiction, the court should have the authority to hear and decide a specific case, while standing to sue is where an individual has a sufficient claim. This formation enables a given court to use evidence and law in determining a lawsuit.
- Describe the two different types of WFH and explain the differences between them.
WFH stands for Work made for hire. Work is done by an employee within his job description or specially commissioned or ordered Work when two parties have agreed.
The two different types of WFH are:
- a) True employment WFH. There is no necessary transfer as the employer has the rights by default and only enforceable in the US.
- b) WFH by agreement. This formation requires an agreement between two parties that should be written and address other IP rights.