How to Avoid Libel & Slander

Avoiding Libel and Slander

In journalism and various print media there are many ways a writer can make a statement about someone. How that statement is told can impact various people. If it is a statement that gets published and negatively impacts a person, there are legal issues that can come out of it. Libel and slander are the terms associated with the act of defamation. To become stronger writers, authors must understand these terms and know how to avoid them.

Defamation is the act of damaging the good reputation of someone (Bonner). This is the first general term that journalists use when dealing with creating a public opinion or informing the public on a person or issue. Libel is the word used when journalists actually publish a written statement damaging a person’s reputation. Slander deals with the same issue as Libel, but is used when a journalist vocally voices a damaging statement. Defamation, Libel and slander are three terms journalists must keep in mind when producing a story. It is all about how one conveys another person. It is important to note that defaming someone is illegal. No one has the right to publically humiliate someone. The common places to find damaging works are in letters to the editor, blog posts, list servers (like email), and public comment in media (Rodgers). An opinion and fact are two very different words that authors need to keep in mind when writing a story.

Authors should make their headlines into opinions, rather than negative info presented factually. This keeps them safe from jurisdiction and misinterpretation. In the 90’s a famous court case actually gave journalists more freedom concerning libel and slander. The case of NY Times vs. Sullivan was a Supreme Court case that protected the press. Under the first amendment, it noted that public officials and celebrities have little power over negative comments made about them because they are in the public spot light frequently (Rodgers). This does not however give writers the freedom to write anything they please, but it gives them freedom to investigate any scandals that may occur and allows them to inform the public about their findings. On a local level, it gets very tricky if a station try’s to publish defaming comments about a teacher or local citizen that leads an “average” life. This is why politicians and celebrity’s are regularly under the spot life, being reported on.

One of the press biggest jobs is for them to be watchdogs of the government. To accurately report on findings, writers must back up their opinions with facts and cite where their reports were found. Gossip and rumors don’t make news unless one has a reliable source to credit them. To report a fair story, journalists should tell the truth, and use fair comments and criticism. This is done by using proper ethics and writing for the good of the public. Stay away from malice reporting. It is illegal. This type of reporting is when a writer publishes a story they know is false. Tabloids commonly create headlines that are totally false. The corporations for these articles face many lawsuits yearly. Using common sense and facts will help you not only become a better writer, but it will help you stay truthful and within the law.

Understanding libel and slander, while knowing how to avoid them, is extremely important in journalism. Writing is an art, so craft your pieces carefully and well thought out. Creating a damaging story could one day cost you your job or give you a big fine to pay off. Slander is defamation through verbal statements while libel is in the written form. Great journalists present their stories backed with facts.