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October 06 作业Preview
The laws of libel and privacy limit what reporters may write . Stories that damage a person’s reputation can be libelous, unless the material is privileged or can be proved to be true . Stories about an individual’s personal life can invade the person’s right to privacy. ·Libel: Most libelous stories are the result of careless reporting . Material that might injure someone is double-checked. The courts have made it more difficult for public figures or public officials to prove libel; but recent court decisions have limited these exceptions. ·Privacy: The right to privacy is protected by law. The personal activities of an individual can be reported if the material is about a newsworthy person and is not highly offensive . One of the most dangerous areas for the journalist is libel. To the
beginner , the region of libel is a land of mystery in which all the guideposts read, “Don’t.” To the experienced reporter , danger of libel is a cautionary presence in the newsroom . Libel is published defamation of character. It is writing or pictures that:
·Expose a person to hatred ,shame , disgrace, contempt or ridicule. ·Injure a person’s reputation or cause the person to be shunned or avoided . ·Injure the person in his or her occupation. Of course , many articles and pictures do libel individuals. In most cases, the defamatory material may be safe for publication if it is privileged. By privileged ,we mean that the article is a fair and accurate report of a judicial, legislative or other public official proceeding or of anything said in the course of such sessions ,trials of proceedings. The contents of most public records are privileged . Those who made our laws recognized that open debate of serious issues would be impeded unless the public had full access to official actions .
Another defense against libel is truth . No matter how serious the defamation may be , if the statement can be proved to be true and to have been made without malice ,the defamed individual cannot successfully bring legal action.
A third defense , fair comment and criticism, most often involves editorial writers and reviewers . As long as the comment or criticism is directed at the work and not at the individual , the writing is safe.
In summary , the libel laws hold that a reporter is not in danger if the material is from a privileged proceeding (Public and official ) or if the material is substantially accurate or constitutes fair comment .
For broadcast journalists, defamatory statements made from a prepared script fall under libel , whereas extemporaneous defamatory remarks are treated as slander, which is defined as oral or uttered defamation. Grounds for Libel Suits
Matter that might be held libelous by a court would have to : Imply commission of a crime . Tend to injure a person in his or her profession or job. Imply a person has a disease , usually a loathsome disease that might lead to the individual’s ostracism . Damage a person’s credit. Imply unchaste behavior. Indicate a lack of mental capacity. Incite public ridicule or contempt . For years , libel was a great weight on the shoulders of the press, particularly for newspapers that handled controversy and emphasized investigative reporting . The press associations had special concerns , for libel law was state law and was beyond the protection of the Constitution. What was legal in one state might have been libelous in another. In effect , libel laws restrained the press, as the Supreme Court recognized in an epochal decision in 1964 that was to lighten the burden on the press. The court ruled that defamatory statements could have First Amendment protection. Our seven danger points are still to be watched, but the press now has much stronger defenses , thanks to the Supreme Court. To understand that decision –and to understand the organic nature of the law—we must travel back in time to Montgomery, Ala. TrackbacksThe trackback URL for this entry is: http://leirahayashi.spaces.live.com/blog/cns!81ABB2BF70D9E22A!266.trak Weblogs that reference this entry
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