How to Protect Yourself Against Libel

The best way to protect yourself against a libel action is to fully understand what libel is and to insure that any written or recorded (voice or image) statements that you make do not fall into that category. Libel is the written or recorded form of defamation, which involves making a false or misleading statement against another, and causes injury to the person about whom the statement was made. If a person believes he has been defamed, he may sue you in civil court for some type of redress.

Things You'll Need

• Internet access

Instructions

1. Make sure that all statements that you make in writing or on television or radio about another person are absolutely true. One of the best ways to protect yourself against a libel charge is to show that what you have published to the public is the truth. You can view guidelines for this at the Media Law Resource Center (see Resources below).

2. Retain an attorney if you will frequently be making statements about other people, especially if the statements may be considered controversial. If you have legal counsel versed in this First Amendment issue, you will be on surer footing when you are unsure about publishing a statement.

3. Keep immaculate and complete records of the information you have used in formulating your statements. In the event that you find yourself in a legal dilemma, you will have all the information you may need at hand in order to mount a defense.

Tips & Warnings

• If you are publishing a statement about a public figure, such as an entertainer or politician in regards to his or her activities or performance, you have a little more leeway. In order for a public figure to be successful in a lawsuit for libel, they must show that you are at fault and that you knowingly made a false statement or made a statement with a reckless disregard for the truth.

• Make sure that even if you are simply republishing something that someone else wrote or recorded, you may be liable if it can be determined that the information is false. The only thing that the plaintiff must show is that you intended to publish the information, not that you intended to defame.