Civil Libel in the United States
Libel Civil Actions
Introduction to Civil Libel
Libel claims in the U.S. are almost always pursued as civil actions for money damages. Civil libel claims can be asserted by either individuals or organizations such as associations and corporations. The targets of claims are often the mass media, usually publishers, broadcasters, or journalists. Claims against private individuals, corporations, and other groups are also frequently pursued. Libel suits against nonmedia defendants can arise, for example, from business dealings or even private communications among friends and associates.
Constitutional protections limit civil libel claims against the media, but the scope of their application to nonmedia cases remains unclear. Even if a communication is not protected by the 1st Amendment, however, and even if it is false and injurious to reputation, it may still be protected or privileged under common law. The common law deems communications involving matters of paramount public interest (as, for example, by participants in court or other official proceedings) “absolutely” privileged and thus normally immune from suit. “fair” reports by observers of official proceedings also are generally considered privileged. Other communications that are deemed to further a lesser public or common interest (such as reports of crime, business, or organizational activities) are considered subject only to a qualified privilege, which can be forfeited if abused. Abuse includes publication with common law “malice” (that is, ill will), or excessive publication beyond those who share the common interest.” (1)
Resources
Notes and References
- Information about Civil Libel in the Encarta Online Encyclopedia