How to Avoid Libel

The Associated Press Stylebook gives a complete and easy explanation on libel and how and why newspapers face libel charges. New journalists should be educated in proper, ethical reporting methods, and any time you have questions on whether something you write is libelous, check with your editor. If you are an editor, check with the publisher, the editorial board or the paper’s legal counsel.

Instructions

Difficulty: Moderately Challenging

1. There are some general guidelines reporters and bloggers must follow to avoid libel. It starts with the three A’s: According to, allegedly and apparently. Newspapers, TV, radio, Internet--it makes no difference. They are all media outlets, not courts or judges. Headlines and stories should never convict a person, instead leave that for the courts and judges. Stories or headlines also should never draw conclusions that the facts don’t prove. That’s where the three A’s come in. When reporting on crime or alleged wrong-doing by a politician, for example, always source the information. Don’t write, “The man shot and killed three people before stealing a Camaro and speeding away.” That statement shows a bias against the suspect. Instead, write, “Police said the man shot and killed.” This statement provides a source and meets the burden of absence of malice on which courts base libel decisions.
2. Source every statement, conclusion or fact, unless that fact is in the realm of common knowledge. Examples of common knowledge are that the sky is blue, ice is cold and fire is hot.
3. When sourcing, do not draw conclusions. Use statements such as “According to police” or “According to multiple sources."
4. When quoting information from unnamed sources, detail the nature of the source. For example, "According to a firefighter that arrived on the scene 10 minutes after the accident," or "A source in the Justice Department" or "According to a senior government official."
5. Apparently is the second of the three A’s. Use "apparently" when there are no facts or sourced available, but observations are. “The shots apparently came from the third floor of a book depository” or “The mayor apparently thought no one would find the accounting error as he allegedly used the missing cash to renovate his home."
6. When there are charges, as in the example above about the mayor, always use alleged or allegedly. Again, the charges remain allegations only until a court convicts the person.
7. Look at and consider your sources. Even Woodward and Bernstein had named sources throughout their Watergate investigation. Always question anonymous sources as to motives and why they want to remain nameless.
8. Libel is extremely difficult to prove in court. However, that should not act as an open invitation to write just anything. Always check facts, get confirmations on anonymous tips and above all remain objective.

Tips & Warnings

• Never guess. If you have any questions whether something you write would constitute libel, check with your editor, publisher or attorney.
• Courts define journalistic objectivity as an “absence of malice.” It is vital to always look carefully at your selection of adjectives, especially when writing about a person. Descriptive words can often betray a bias for or against someone or something.

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