Neutral_reportage

Neutral reportage is a common law defense against libel and defamation law suits usually involving the media and journalists. It is a limited exception to the common law rule that one who repeats a defamatory statement is just as guilty as the first person who published it. To be considered neutral reportage the statements must meet certain conditions.

• The statements are newsworthy and about a public matter.
• The statements are made by a responsible or prominent source
• The statements are about a public official or public figure
• The statements are repeated accurately and neutrally

Using this defense a defendant can claim that they are not implying the offending statement is true but simply reporting in a neutral manner that the potentially libelous statements were made.[1]

The success of the defense can be mixed, U.S. District Judge Marilyn Patel stated that "there is a great deal of inconsistency among state court decisions" and the U.S. Supreme Court has yet to rule on the concept.Youm, Kyu Ho (2006). "Recent Rulings Weaken Neutral Reportage Defense". Newspaper Research Journal (Winter 2006). 

Notable cases where neutral reportage was used as a defense

Whilst the validity of the defense is questioned, it has been used successfully in some cases whilst other have failed to convince judges that they are protected by the defense.

Failures

Troy Publishing Co. v. Norton, 2005 U.S. Supreme Court declines to hear \'neutral reportage,\' Virginia police records cases
Khalid Iqbal Khawar v. Globe International Inc.
George Galloway MP vs. Telegraph Group LtdBad news for journalists or just for the Telegraph?Galloway wins Saddam libel case] (see George_Galloway#Daily_Telegraph)

Successes

Edwards v. National Audubon Society, 1977
Christopher and Barry Roberts v. Searchlight Magazinehttp://www.searchlightmagazine.com/index.php?link=template&story=203

Barbara Schwarz v. The Salt Lake Tribune

In May 2003 the Tribune published an article entitled S.L. Woman\'s Quest Strains Public Records SystemSmith, Christopher (May 13, 2003), S.L. Woman\'s Quest Strains Public Records System, The Salt Lake Tribune, <http://www.cs.cmu.edu/~dst/Secrets/barbara_schwarz.html>. Retrieved on 24/12/2007. documenting her extensive pursuit of FOIA records. When asked about Schwarz, government FOIA representatives described her as a nuisance. In reporting this the Tribune article included official\'s more specific comments depicting her as “...a ‘FOIA terrorist’ and have coined a verb reflective of her unending request letters: ‘Have you been Schwarzed today?’”

Her suit alleged that the Tribune\'s use of “yellow journalism” resulted in “malicious defamation”, “emotional abuse” and was accomplished by deceiving her into giving an interview, unauthorized use of her photo, violation of privacy, refusing to print a correction or letter to the editor, in addition to theft of approximately 100 photos and negatives.Hanby, Christopher Utah appeals court backs reporting privilege First Amendment Center, 06.14.05. Despite her claims that “I run into that article just about everywhere I go with people who think that they can deny my rights to me because of the data provided in the Tribune article,”. In its ruling the three member court stated: "The public interest in being fully informed about controversies that often rage around sensitive issues demands that the press be afforded the freedom to report such charges without assuming responsibility for them.” Judge James Z. Davis further wrote that the Tribune article was protected by "the neutral reportage privilege because it contains \'accurate and disinterested reporting\' of the information contained in the record."\'Neutral reportage\' privilege recognized 2005 The Reporters Committee for Freedom of the Press Her suit was dismissed and her appeals denied.

References

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