Question

which of the following cases are examples of libel?

correct answer(s)

• a politician sues a newspaper for its accurate reporting of his extramarital affair.
• a newspaper falsely accuses a local business owner of cheating on his taxes with the intention of damaging his career.
• a magazine wanting to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring.
• john jacobson sues a newspaper for inadvertently confusing him with criminal jacob johnson.

incorrect answer(s)

Explanation:

Define legal standards for libel

Libel requires a published statement of fact that is false, defamatory, and made with the requisite level of fault (negligence for private figures, or "actual malice"—knowledge of falsity or reckless disregard for the truth—for public officials/figures). Truth is an absolute defense, and inadvertent, non-negligent errors or accurate reporting do not constitute libel.

Evaluate each scenario

• A politician sues a newspaper for its accurate reporting of his extramarital affair: Not libel because the reporting is accurate (truth is an absolute defense).
• A newspaper falsely accuses a local business owner of cheating on his taxes with the intention of damaging his career: This is libel. The statement is false, defamatory to a private individual's career, and made with negligent or intentional fault.
• A magazine wanting to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring: This is libel. It involves a public official (senator) and meets the high standard of "actual malice" because the accusation was knowingly false.
• John Jacobson sues a newspaper for inadvertently confusing him with criminal Jacob Johnson: Generally not libel if it is a purely inadvertent, non-negligent typographical mix-up, or lacks the defamatory intent/negligence required for a standard claim depending on context, but compared to the clear-cut false/malicious statements above, it does not fit the standard definition of actionable libelous intent.

Identify correct examples of libel

The two clear examples of libel are:

1. A newspaper falsely accuses a local business owner of cheating on his taxes with the intention of damaging his career.
2. A magazine wanting to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring.

Answer:

• (A) A politician sues a newspaper for its accurate reporting of his extramarital affair.
• (B) A newspaper falsely accuses a local business owner of cheating on his taxes with the intention of damaging his career. (Correct answer)
• (C) A magazine wanting to boost its circulation runs an article making a knowingly false accusation about a senator running a gambling ring. (Correct answer)
• (D) John Jacobson sues a newspaper for inadvertently confusing him with criminal Jacob Johnson.