Neutral reportage
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Neutral reportage is a
Defendants using the defense can claim that they are not implying the offending statement is true but simply reporting, in a neutral manner, that the potentially libelous statements were made, even if they doubt the accuracy of the statement. For the defense to succeed, it is almost always required for the reporting to be unbiased and in the public interest.[3]
History
In U.S. defamation law it is traditional for a court to consider the publishing and re-publishing of defamatory statements indistinguishable on the grounds that the republished statements have potential to cause as much harm to a person as the original publication. The doctrine of neutral reportage was established on the basis that the press should not be liable for republishing allegations made by a responsible speaker about public figures providing it is done in a neutral manner and is newsworthy.[4]
Edwards v. National Audubon Society
The case of Edwards v. National Audubon Society in 1977 is largely recognised as the first major case in which the idea of neutral reporting was used. The case concerned the reporting of a dispute between the National Audubon Society and a group of scientists that it had accused of being paid to lie by pesticide companies regarding the
United States law
The neutral reportage privilege has not been widely adopted by all states and courts. U.S. District Judge
United Kingdom law
In the
Notable cases
While the validity of the defense is questioned, it has been used successfully in some cases while in others the defendants have failed to convince judges that they are protected by the defense.
Failures
- Troy Publishing Co. v. Norton, 2005[9]
- Khalid Iqbal Khawar v. Globe International Inc.[10]
- George Galloway MP vs. Telegraph Group Ltd[11][12] (see George Galloway#Daily Telegraph libel case)
Successes
- Edwards v. National Audubon Society, 1977[3]
- Al-Fagih v. HH Saudi Research & Marketing (UK) Ltd, 2001 (on appeal)[8]
- Christopher and Barry Roberts v. Searchlight Magazine[13]
- Watson v. Leach, 1996 - Newspaper report that a state auditor accused a town trustee of faking a snow emergency to gain access to emergency funds.[6]
- Celebrezze v. Netzley, 1988 - A newspaper report that a political campaign brochure accused the county's Italian-American judges of having mafia connections.[6]
- McCracken v. Gainesville Tribune, Inc., 1978 - A land developer calling another developer "unscrupulous" during a town meeting.[6]
Barbara Schwarz v. The Salt Lake Tribune
In May 2003 the
Schwarz sued the Tribune, claiming that its use of “yellow journalism” resulted in “malicious defamation”, “emotional abuse” and was accomplished by deceiving her into giving an interview, unauthorized use of her photo, violation of privacy, refusing to print a correction or letter to the editor, in addition to theft of approximately 100 photos and negatives.[18]
In its ruling the three member court stated: "The public interest in being fully informed about controversies that often rage around sensitive issues demands that the press be afforded the freedom to report such charges without assuming responsibility for them.”[18] Judge James Z. Davis further wrote that the Tribune article was protected by "the neutral reportage privilege because it contains 'accurate and disinterested reporting' of the information contained in the record."[19] Her suit was dismissed and her appeals denied.[18]
See also
References
- ^ ISBN 978-0-240-80841-3.
- ^ McCraw, David (1991). "The right to republish libel: Neutral reportage and the reasonable reader". Akron Law Review. 25: 335. Retrieved 2009-02-17.
- ^ a b Bowles, Dorothy A. (March 1989). "Neutral Reportage as a Defence Against Republishing Libel". Communications and the Law. 11 (March 1989): 3–17. Retrieved 2008-08-08.
- ^ S2CID 156115556.
- ^ ISBN 978-0-495-05030-8.
- ^ a b c d "Neutral Report Privilege". Citizen Media Law Project. 2008-07-22. Retrieved 2009-02-23.
- ^ Day, Julia (2005-02-03). "'Reynolds defence' in new libel law test". The Guardian. Retrieved 2009-03-26.
- ^ ISBN 978-0-19-921154-8.
- ^ "U.S. Supreme Court declines to hear 'neutral reportage,' Virginia police records cases". Archived from the original on 2006-12-01. Retrieved 2007-10-17.
- ^ "California Supreme Court Survey: vi. Libel and Slander". Pepperdine Law Review. 26: 1083. 1998–1999.
- ^ Forbes, Edgar (2004-12-03). "Bad news for journalists or just for the Telegraph?". The Guardian. Retrieved 2009-03-26.
- ^ "Galloway wins Saddam libel case". BBC. 2004-12-02. Retrieved 2009-03-26.
- ^ Gable, Sonia (August 2007). "BNP activists lose appeal in politically motivated libel case". Searchlight Magazine. Retrieved 2009-03-26.
- ^ Global Relief Foundation vs. New York Times Company, Associated Press, American Broadcasting Companies, Incorporated, et al. (United States Court of Appeals Sep 22, 2003), Text.
- ^ Donnellan, Jonathan; Justin Peacock (2005). "Truth and Consequences: First amendment protection for accurate reporting on government investigations". New York Law School Law Review. 50: 237. Retrieved 2009-02-17.
- ^ Gerstein, Josh (2004-12-02). "Newspapers Cleared in Libel Case". New York Sun. Retrieved 2009-03-26.
- ^ a b Smith, Christopher (May 13, 2003). "S.L. Woman's Quest Strains Public Records System". The Salt Lake Tribune. Retrieved 2007-12-24..
- ^ a b c Hanby, Christopher Utah appeals court backs reporting privilege Archived 2008-02-03 at the Wayback Machine First Amendment Center, 06.14.05.
- ^ 'Neutral reportage' privilege recognized Archived 2007-12-03 at the Wayback Machine 2005 The Reporters Committee for Freedom of the Press