Libel Checklist

Look for material that identifies a person or an entity.

Keep in mind that it is possible to identify people or entities like corporations without actually using a name. If the material contains identifiable voices, likenesses, or descriptions of or concerning a person or a company, it could be a problem.

The material identifies a person or entity.

STOP HERE if the material does not identify a
person, business or other entity.

You can't have a libel without someone to complain about it!

Is any identified person dead?

There is little reason to be concerned with statements or other material reflecting badly on dead persons because the law only protects "the memory of the dead," giving no cause of action to decedents. So long as the material concerns only the dead person, you need not answer the rest of the questions on this form.

The person identified is dead.

STOP HERE if the person identified is dead.

If material identifies a living person, is it:

A private individual.

A public person.

A political person.

Would the material negatively influence a reasonable reader's opinion of the person or entity identified?

a.

It would reflect badly on the character of the person or entity.

b.

It could harm the reputation, diminish the esteem, respect or good will in which the person or entity's relevant community holds him, her or it.

If the material might reflect badly on character and/or harm reputation, would the harm be the result of:

An explicit statement.

An insinuation.

A sarcastic statement.

A parody or cartoon.

An opinion that implies that there are unstated defamatory facts underlying it.

Other.

There are several possible defenses to a claim of defamation, although none may apply in a particular case. Check one of the following defenses only if you are fairly certain it would apply.

The statement or other material is true.

The statement or other material is a fair report of an official or public record or proceeding.

The statement or other material is purely an expression of opinion and not an assertion of fact.

The statement or other material constitutes a fair comment - that is, a comment or opinion on a matter of public concern, for example, the use of public money, disbarment of attorneys, management of public institutions and charities, management of private companies whose activities widely affect the public (pollution, delivery of medical services, common carriage, employment practices, discrimination, etc.) or the review of books, public entertainment, sports events or scientific discoveries.

No one could reasonably interpret the statement or image to be an assertion of actual fact about the person or entity.

The statement or image can be characterized as mere words of abuse, indicating dislike for the person or entity, but does not suggest any specific charge.

The subject of the statement or image has given consent to or approved the material.

The fact that material has already been printed somewhere else is not a defense except
in the narrow fair report circumstance. Republication of a libel creates another libel.