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The high court also established what has come to be known as ?the actual malice rule.? This means that public officials suing for libel must prove by clear and convincing evidence that the speaker made the false statement with ?actual malice? ? defined as ?knowledge that it was false or with reckless disregard of ...
Also, we should make it clear that if a libelous statement is printed in a newspaper, the newspaper can be held liable even if the quote is coming from someone else and not the paper or a reporter. Why? Because while the newspaper did not make the statement, it published the statement.
Finally, a publisher could be held liable for defamation republication if they have the control to remove the defamatory content, but choose not to or ignore the request. This does not require the publisher to take extreme measures to remove the defamatory statement.
Generally, you are responsible for everything you publish, even when the information comes from a third party. Therefore, you can be found liable for repeating a defamatory statement from a source; even attributing that source will not shield you from a lawsuit.
It is a common law principle that any person that has knowingly participated in publishing a defamatory statement may be held liable so long as the party is the: Author- where the statement originated excluding someone that did not intend for the statement to be published.
Most libel cases are civil. The person who believes they've been wronged sues the publisher of the potentially libelous statement. To win a libel lawsuit, a private person must prove the publisher of the false statements acted negligently. Negligence means that the publisher didn't do their homework.
Under traditional publishing law principles, a publisher or broadcaster is potentially liable for all content it publishes. Generally, ?one who repeats or otherwise republishes defamatory matter is subject to liability as if he had originally published it.
What if I republish another person's statement? (i.e. someone comments on your posts) Generally, anyone who repeats someone else's statements is just as responsible for their defamatory content as the original speaker?if they knew, or had reason to know, of the defamation.