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Tag Archives: Libel

Former State Troopers Sue London Mayor for Libel in Response to Podcast Comments

Author By Todd McMurtryPosted on

Social media platforms and podcasts give individuals the chance to reach a broad audience without having to go through a traditional media outlet. This can be empowering for someone who cannot convince a newspaper, broadcast station or book publisher that their message is worthwhile. On the other hand, without a structure in place to filter out potentially defamatory content, speakers risk serious legal problems if they make a false statement about someone else.

Even municipal officials can face libel suits. The mayor of a small Laurel County town is now the defendant in two separate legal actions stemming from comments he made on a podcast. According to two former Kentucky state troopers, London Mayor Randall Weddle made false and damaging statements about them. Elijah Jarvis has also sued Weddle based on material from a True CrimeCast episode. 

Brothers James and John Phelps say that Weddle accused them of sexual misconduct and other serious crimes, including murder. Their legal action alleges that these false statements have harmed their career prospects and reputations within their community. 

Defamation claims in Kentucky generally require a plaintiff to demonstrate the following four things:

  • False, defamatory statement — Should the case go to court, the trier of fact will evaluate the truth of Weddle’s comments. In some cases, defamation plaintiffs must show how the statements at issue harmed them. However, baseless accusations of criminal activity and sexual misconduct are known as defamation per se, meaning that we can assume that they would damage plaintiffs’ reputations.
  • Publication to a third party — Speaking a damaging falsehood to a third party is slander, while wider publication, such as through a podcast, constitutes libel. According to news reports, the True CrimeCast has more than 1,000 YouTube subscribers. 
  • Fault, amounting to at least negligence — In cases involving public figures, actual malice on the defendant’s part is required. This means that the speaker knew what they said was a lie or acted in reckless disregard of the truth. When the plaintiff is not a public figure, liability only requires negligence on the defendant’s part.
  • Damages — There are several ways to show damages stemming from defamation, including harm to career opportunities and symptoms of emotional distress. Even unproven allegations of criminal and sexual misconduct could change someone’s life measurably. 

Whether it’s on a podcast or anywhere else, false statements about you should not go unchecked. Hemmer Wessels McMurtry PLLC in Fort Mitchell handles libel and slander actions so that those who defame others are held to account. To speak with an experienced Kentucky lawyer, please call 859-344-1188 or contact us online. 

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

Fighting “Twibel” — Your Options When You’re Defamed on the Internet

Author By Todd McMurtryPosted on

Twitter, a social media platform founded in 2006, has become a phenomenally popular outlet through which individuals around the world send and receive news and opinion on a wide variety of subjects. Each day, Twitter users send hundreds of millions of tweets, often criticizing politicians, celebrities, businesses and ordinary individuals. Not surprisingly, not all of those tweets are accurate. When a false statement about a person or company causes them injury, they have suffered libel — or more precisely, “Twibel.”

Libel is a false written or printed statement of purported fact that damages the reputation of another person. If the statement is about a public figure, the publisher may be liable for damages only if it knew the statement was false or was recklessly indifferent to the statement’s truth or falsity. If the victim is not a private figure, the publisher is liable if it was merely negligent in checking the statement’s accuracy.

“Twibel” is a new term coined to describe libel that occurs in tweets and other online postings. Although the internet is not the traditional kind of communications medium in which libel law developed, the global reach of platforms like Twitter and Facebook makes them potent sources of reputational damage. The same basic principles of libel law that apply to newspapers, radio and television also apply to the internet.

If you’ve been defamed in a tweet or other online posting, it may be possible to bring a lawsuit to seek compensation for the damage to your reputation and the related problems caused. However, it’s not always possible to identify the person who posted the tweet or to prove that person had the requisite state of mind. Even if you win damages, that won’t prevent the ongoing negative impact of the Twibel on you. In addition, Twitter or other internet hosting platforms can’t be held liable except to the extent they exercise direct control over the content posted.

However, you do have an option that might stem the damage by removing the false information from Twitter. A “take-down order” is a demand to Twitter or another internet platform, by or in behalf of the person claiming to be defamed, to remove the posting.

A take-down notice is likely to be more effective if it is drafted and sent by a libel attorney, who can explain to Twitter or the other platform, why the statement is libelous and the legal consequences they face if they don’t comply. If, like Twitter, a platform exercises some degree of control over its content, it could be liable for damages caused by statements it doesn’t remove after it learns they are potentially defamatory.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.

 

What is Defamation Per Se and What Damages Are Recoverable?

Author By Todd McMurtryPosted on

If you own a business or engage in any other profession in Kentucky, you depend on your reputation to draw the customers or clients you need. Even in your private life, you want to maintain a good name. But all that can be undermined if someone makes false statements about you. Kentucky and other states recognize that such statements, known as defamation, may entitle you or your business to recover money damages for the resulting loss of reputation. Usually, you need to prove actual injury but in some cases — those involving defamation per se — the injury might be presumed.

Defamation per se is defined as spoken or written language that exposes the plaintiff to public hatred, ridicule, contempt or disgrace. It can also be a statement that causes people to have such a negative opinion of the plaintiff that they refuse to associate with him or her. Examples are statements that accuses a person of incest or adultery or unfairly prejudices the public against the person in their business or profession.

However, a federal court case applying the Kentucky law of defamation per se in a commercial context declared that it is not enough to say that a business’ product is bad. To be defamation per se, a statement must suggest that the business engaged in fraud, deceit, or dishonest or other reprehensible conduct.

There is also a distinction between what counts as libel per se or as slander per se. In a case of libel, which means defamation in writing, the court looks at the ordinary, natural meaning of the express language itself to determine whether it’s defamatory per se. For slander, which means spoken defamation, it is sufficient that the language used merely implies fraud, dishonesty, a crime or other illegal or unethical conduct.

In defamation cases, the damages that a jury may award to individuals or corporations include:

  • Damage to the plaintiff’s reputation
  • Specific economic damages, such as loss of employment or profits
  • Punitive damages, if the defendant’s conduct was oppressive, malicious or fraudulent

The significance of a finding of defamation per se is that it automatically establishes the plaintiff’s entitlement to damages without having to show an exact dollar amount of harm suffered. However, it is still important for plaintiffs to quantify their damages in order to maximize recovery. Otherwise, the jury is left to its own subjective determination of damages, which may be far lower than deserved.

About Finney Law Firm, LLC

Founded in 2014, FLF has grown to 15 attorneys located in offices in Eastgate and downtown Cincinnati with five major practice areas: Corporate Law, Real Estate Law, Employment Law, Commercial Litigation and Public Interest and Constitutional Litigation.  FLF has the unique claim to three 9-0 victories at the United States Supreme Court for its public interest practice along with breakthrough class action work.

FLF also has an affiliated title insurance company, Ivy Pointe Title, LLC, that closes and insures nearly a thousand commercial and residential real estate transactions annually.

For more information about Finney Law Firm, visit finneylawfirm.com.

Media Contact: Mickey McClanahan; mickey@finneylawfirm.isoc.net; 513.797.2850.