1) n. to publish in print (including pictures), writing or broadcast through radio,
television or film, an untruth about another which will do harm to that person or
his/her reputation, by tending to bring the target into ridicule, hatred, scorn
or contempt of others. Libel is the written or broadcast form of defamation, distinguished
from slander, which is oral defamation. It is a tort (civil wrong) making the person
or entity (like a newspaper, magazine or political organization) open to a lawsuit
for damages by the person who can prove the statement about him/her was a lie. Publication
need only be to one person, but it must be a statement which claims to be fact and
is not clearly identified as an opinion. While it is sometimes said that the person
making the libelous statement must have been intentional and malicious, actually
it need only be obvious that the statement would do harm and is untrue. Proof of
malice, however, does allow a party defamed to sue for general damages for damage
to reputation, while an inadvertent libel limits the damages to actual harm (such
as loss of business) called special damages. Libel per se involves statements so
vicious that malice is assumed and does not require a proof of intent to get an
award of general damages. Libel against the reputation of a person who has died
will allow surviving members of the family to bring an action for damages. Most
states provide for a party defamed by a periodical to demand a published retraction.
If the correction is made, then there is no right to file a lawsuit. Governmental
bodies are supposedly immune to actions for libel on the basis that there could
be no intent by a non-personal entity, and further, public records are exempt from
claims of libel. However, there is at least one known case in which there was a
financial settlement as well as a published correction when a state government newsletter
incorrectly stated that a dentist had been disciplined for illegal conduct. The
rules covering libel against a "public figure" (particularly a political or governmental
person) are special, based on U. S. Supreme Court decisions. The key is that to
uphold the right to express opinions or fair comment on public figures, the libel
must be malicious to constitute grounds for a lawsuit for damages. Minor errors
in reporting are not libel, such as saying Mrs. Jones was 55 when she was only 48,
or getting an address or title incorrect. 2) v. to broadcast or publish a written
defamatory statement.
See also defamation libel per se public figure slander
law dictionary, legal
dictionary, online law dictionary, legal terms dictionary,
online legal dictionary, legal definition, legal
terms and definition, Best online Dictionary, Law
Dictionary Software, Download Law Dictionary, law
dictionary, legal dictionary, online law dictionary,
legal terms dictionary, online legal dictionary,
legal definition, legal terms and definition, Best
online Dictionary, Law Dictionary Software, Download
Law Dictionary
