How to Sue a Newspaper for Defamation

Defamation cases against the media are balanced against the right to free press.

Newspapers and media outlets are regularly faced with lawsuits for defamation to character or property. Defamation refers to false statements which cause injury to the reputation of a person or business. Defamation is an umbrella term, covering both libel and slander. Libel refers to defamatory statements made in writing. Slander refers to defamatory statements which are verbal in nature. Newspapers are not exempt from legal defamation claims. However, American courts also recognize the importance of preserving an active and free press under the First Amendment of the U.S. Constitution. Therefore, defamation cases against newspapers and media outlets are generally more difficult to litigate.

Instructions

1. 

   False statements resulting in damages can lead to defamation lawsuits.

   Identify the damages incurred by the false statement. Produce evidence of how the false statement caused harm to the defamed party's property, reputation or pecuniary interests. Some false statements are considered per se injurious, meaning no actual damages are required. Per se defamation includes false statements alleging communicable diseases, professional or trade misconduct, criminal activities or imprisonment or unchaste acts by a woman.

2. 

   The law requires public figures to prove malice in media defamation cases.

   State if the defamed party is a public or private figure. Malicious intent by the newspaper must be shown in cases involving a public figure. Malice is challenging to prove. Understand the differences between a public and private figure, as defined by the law. A public figure does not need to be nationally or internationally known. Local politicians or private citizens thrust into the media by matters of public concern may be classified as public figures.

3. 

   The false statement must be read or heard by someone other than the defamed party.

   Provide evidence of publication. A defamatory statement must be published, meaning it must be spoken or written to a person other than the defamed party. Preserve a copy of the newspaper in which the false statement appeared. Produce the newspaper for the court to satisfy the publication requirement.

4. 

   State laws regarding defamation lawsuits can differ significantly.

   Check state laws. Some state laws require the defamed party demand a correction of the false statement before filing a defamation claim. Request the offending newspaper recant the false statement, if state law requires it. Research the case precedents in the state in which the defamation occurred. Check the state statute of limitations for filing a defamation claim. Many states only allow one year to file a defamation lawsuit. Understand all controlling, state law involved.

5. 

   Defamation involving newspaper publications should be assessed by an attorney.

   Consult an attorney. Filing a successful defamation lawsuit against a newspaper is legally challenging. Seek the advice of an attorney for issues relating to media defamation claims. Rely on a lawyer to protect all interests and rights which may be affected by a newspaper's defamatory statements.

References

• Cornell University School of Law; N.Y. Times Company vs. Sullivan
• Cornell University School of Law; Gertz vs. Robert Welch, Inc.