How to Sue a Magazine for Libel

Legally, libel is considered the publication of defamatory written statements. As such, magazines frequently find themselves named as the defendant in libel lawsuits. If you believe you have sufficient reason to sue a magazine for libel, you should learn as much as you can about your state's libel laws and speak to a qualified attorney.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Computer with Internet access
• Libel attorney (highly recommended)

Take Action Against Magazine Libel

1. Learn what limitation statutes govern magazine publishers in your state. Consult FreeAdvice (see Resources below) for a state by state overview and links to further information.
2. Ask the magazine to publish an apology or another acceptable recantation of the libelous statement. This can be an effective way to control damage created by the libelous remarks and avoid having to go to the trouble of pursuing legal action. Give this option special consideration if the potential for injury may not be significant enough to merit financial compensation in the eyes of a court of law.
3. Prepare to demonstrate personal or financial hardship as a direct result of the libelous magazine content. Businesses should be prepared to demonstrate a direct relationship between a decline in business and the publication of the libel. Personal injury will have to be demonstrated using multiple reliable witnesses.
4. Hire a qualified legal specialist in the field of magazine libel if you decide to sue. Make sure to pursue the services of an attorney who is well versed in the legal codes that govern your state or jurisdiction. Once you hire a lawyer, do not engage in any direct contact with the magazine in question. Have all correspondence go through your attorney's office.
5. Try to settle out of court before moving ahead to sue the magazine. Civil libel lawsuits can be complex and financially taxing and offer no guarantee of success. The extensive protection that the U.S. Constitution offers to freedom of the press can sometimes prove to be a significant or even insurmountable obstacle, except in the most crystal-clear of circumstances.

Tips & Warnings

• Magazine writers are protected in the United States by constitutionally guaranteed freedom of expression laws. Note that while you also have the right to conduct your affairs free of libelous injury, libel lawsuits often face significant obstacles except in clear-cut circumstances.