Friday, April 20, 2012

Jour.4470-Blog #4: Libel, Slander and Privacy


In today’s society, everywhere you go there always seems to be news going around, whether it’s about a celebrity, or an important world event, someone is always talking about it. However, there are times when the truth can be stretched a little to far and becomes s lie that can end up hurting someone in the long run. This is typically known as slander and libel.

 Slander is defined as, “the action or crime of making a false spoken statement damaging to a person's reputation” (freedictionary.com). Libel is defined as, “a false publication, as in writing, print, signs, or pictures, that damages a person's reputation” (freedictionary.com). In simple terms, they are both untrue statements about a person that is said or written to intentionally hurt their reputation.  Thankfully, there are laws that protect people from this. In each circumstance, the victim needs to show the harm done by what was written or said. Also, they sometimes may need to show proof that the speaker or writer truly intended to harm the other person. This can sometimes be a little harder to do since the person who wrote or spoke the false statement can deny it and argue they didn’t know it was wrong.

It’s also more difficult for a celebrity to defend their case versus a private individual. A good example of this would be professional soccer player, David Beckham’s attempted 25-million dollar lawsuit against InTouch magazine for libel and slander. According to Infringement Nation, “the magazine published a story that alleged Beckham cheated on his wife, former Spice Girl Victoria Beckham, with a New York prostitute.” InTouch even quoted the prostitute Beckham alleged cheated with as saying, “Beckham paid her and another prostitute $10,000 for a one-night stand in New York in August 2007, the year he joined the Galaxy” (Jones). After the prostitute was interviewed for the story she was then also added as a party to the lawsuit.  So back to public figures versus private figures, since Beckham is a celebrity, he had to show actual malice to obtain his claim. However, the judge who was over his case decided that Beckham was not able to establish it.
         In other words, if you’re a celebrity and you get something said about you that is completely untrue and ends up ruining your reputation, you just have to deal with it sometimes. So is this fair? Of course if it were you in the situation you would agree it wasn’t.  Some argue that celebrities choose to be in the spotlight all the time and should already know people are always watching them. People go as far as saying or writing something false about celebrities just to get an incentive out of it.
As journalists, we should always be careful when writing anything over a person or organization. Like we discussed in class, one should always back up any opinion with facts. You never just want to state your own opinion about something or someone without having a reason as to why you said it. Also, when quoting someone, always make sure to repeat the quote back to the person in case you didn’t hear correctly the first time. One little word can make a huge difference and sometimes change the whole meaning of a statement. One other thing to be careful about is the use of clips or news articles. It’s never a good idea to use them if they defaming someone. As journalists and young professionals, we never want to be in a situation where we get accused for the use of slander or libel.
When we think about it, one wouldn’t have to worry about libel and slander if people never invaded each other’s privacy.  According our class lectures, privacy is defined as “the right to be left alone or the right to control information about one’s personal life.” There are four types of privacy: intrusion, appropriation, false light and public disclosure of embarrassing private facts. With there being four types of privacy, one would think it’s something that is protected in the Constitution of the United States. Surprisingly, the word privacy is nowhere to be found in the U.S Constitution.  Some say this is “because the Constitution isn't about what people can do; it's about what government can do” (Browne). When dealing with privacy, there are certain things the public has the right to know but people also have the right to be left alone when it comes to certain things. For example, back in 2006, The White House had to explain to the public for Laura Bush when she initially refused to reveal that she had a skin cancer tumor removed from her right shin.  Since she was not an elected official at the time, “she was under no obligation to disclose something that was not life-threatening” (Cochran).
So since it was not life threatening, Laura Bush did not think it was necessary to tell the public. She wasn’t trying to hide the fact either; “she simply remained silent until a reporter asked about the bandage below her right knee” (Cochran).
In my opinion, since we aren’t really guaranteed privacy, we just have to be really careful with what information we choose to share with others now days. We should also be careful of what we say so that we don’t get charged with slander or libel. As journalists, we should always respect people’s privacy and understand where the line is not to cross it.

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