How to Avoid Libelous Language

Libelous language is the result of publishing false statements in written or recorded form about another person to an audience. It is sometimes difficult to differentiate the difference between what is considered opinion and what is seen as being presented as fact. Appreciating this sometimes slim differentiation is paramount in preventing a legal action for libel which can end up costing you both time and money.

Instructions

Difficulty: Moderate

Things You’ll Need:

• Internet access

1. Practice restraint when you are publishing statements about another person, or attributing statements to another person. Unless you are certain about the information that you have, you could find yourself in substantial legal troubles down the line for using libelous language. Check out the information on libel at Findlaw (see Resources below).
2. Carry a recording device of some kind if you intend to interview someone and then use their statements. It is best, although not necessary, to inform the other person that what they are saying is being recorded for use in the future. You can avoid a great deal of aggravation by protecting yourself in this way
3. Corroborate to the best of your abilities all relevant information you use in preparing your written or recorded statements. The more extensive your research is into your subject matter, the more likely it is that you can avoid accusations of libelous language. There is no better way to circumvent problems later than good preparation.
4. Solicit the services of a lawyer if you want to clarify your legal rights and avoid lawsuits later. Make sure that you contact a lawyer who specializes in First Amendment issues as they are related to disseminating information in written and recorded formats.

Tips & Warnings

• If you are able to get your subject to consent to your statements regarding them, or to statements they themselves made, you will likely be victorious in any legal action, as consent is usually a complete defense.
• Truth is usually also a complete defense, regardless of the repercussions your statements may cause. However, you should always use be mindful of the consequences of publishing information to the public.
• Be mindful that the Internet is a medium even more powerful than newspapers, magazines and television, as your words may literally be accessible to millions of people around the world. Although you may think that you are writing for a small group of friends or family, your opinions and views may be considered libelous if they are unfounded and cause injury, in some way, to the reputation of another.