DEFAMATION

WHY SHOULD PR PROFESSIONALS CARE?

Defined.
◦ What is Defamation?
◦ According to Cornell Law School’s Legal Information Institute (LII), defamation is “a statement that
injures a third party’s reputation.” Defamation takes two forms: libel and slander.
◦ Slander vs. Libel
◦ Slander – a spoken defamatory statement (e.g., telling HR that a coworker is stealing from the company,
when no such thing has occurred)
◦ Libel – a written defamatory statement (e.g., Amber Heard’s Washington Post article about Johnny
Depp’s alleged abuse)
Is defamation illegal?
◦ Defamation is punishable under criminal law as well as civil law. But, to be criminally
punishable, it must be such that it would provoke a breach of the peace or in some other way
directly prejudice the public interest
What makes a statement defamatory?
◦ For someone to prove defamation, according to LII, they must demonstrate four things:
◦ A false statement has been made about someone, under the guise that it is fact.
◦ The false statement was published or communicated to a third party.
◦ The person who made the false statement is liable for negligence. (Public figures must go a step further
and prove statements were made with “actual malice.”)
◦ The false statement harmed its subject. (Damages can include loss of earnings/capital, pain and suffering,
personal humiliation and decreased standing in the community.)
Are opinions defamation?
◦ A good rule of thumb is “feelings are not facts.” If what you say is a feeling about someone or
something, then it is an opinion. If you make a statement of fact that is untrue, then you are committing
defamation.
◦ Generally, defamation requires that the false statements be communicated without
the consent of the allegedly defamed person. Words or pictures are interpreted according to
common usage and in the context of publication. Injury only to feelings is not defamation; there
must be loss of reputation. The defamed person need not be named but must be ascertainable.
A class of persons is considered defamed only if the statements refer to all members of the class
—particularly if the class is very small—or if particular members are specially imputed.
PR Professionals Role
◦ Public relations professionals are responsible for the reputation of their client, whether it be an individual
or a corporation.
◦ If a client suffers an instance of defamation, communicators need to know how to react. While lawyers
will respond directly, the PR team needs to develop strategies to respond to false statements. These could
be in the form of a tweet, blog post, press conference, or an op-ed in a paper. If there is significant
reputation damage, PR pros will be in charge of bolstering a client’s reputation.
◦ Most PR pros will not experience a defamation case – high-profile instances of libel and slander are
uncommon. However, it is important to understand defamation in order to be proactive and prepared. If
you carry an umbrella, it probably won’t rain.
Against unethical journalism
◦ Media has evolved into a place of opportunities where anyone can share content online. But, it
has also created more ways for disinformation, libel, and slander to spread online.
◦ Negative media coverage is becoming a growing concern for companies and individuals due to
this growing risk. Fortunately, there are media laws and steps you can take to defend against
online attacks
◦ Journalists follow different ethical codes. Quite often, an organization would take action
against a breach of ethics that occurred.
◦ One option is to ask the journalist to take down the articles of concern.
◦ Consult lawyer to reduce the chances of being sued. 
Popular Defamation Cases
◦ Depp v News Group Newspapers 
◦ The most high profile libel trial of the year.  This was the claim by actor Johnny Depp against
the publisher of the Sun newspaper. The action came following the publication of an article
characterizing him as “wife beater Depp”.
◦ Actor David Schwimmer has won a $400,000 judgment against convicted felon and onetime
celebrity fundraiser Aaron Tonken, who admitted Friday that he falsely accused the former
“Friends” star of demanding Rolex watches to appear at a 1997 charity fundraiser.