Libel can appear in all material published: Stories, head lines, letters to the editor, photographs and artwork.
LIBEL IS:
Material that is false. It must be provable in court.
Material that is published. Only one person has to see it other than the writer and the person who is libeled.
Material that identifies the libeled person. This can be done by initials, nickname, description, uncaptioned photo, drawing or cartoon.
Material that defames or injures a person’s reputation.
Material that results from negligence or actual malice.
Negligence results when a writer or a publication publishes a falsehood by failure to observe the “normal standards of journalism.” Malice results when a writer or publication publishes a story with “knowledge that it was false or with reckless disregard of whether it was false.”
DEFENSES FOR LIBEL:
Statute of limitations—one year.
Truth—it must be provable in court.
Consent—this must be in writing and signed by an adult or parent of a minor.
Matter of public record—i.e. Congressional record, trial record, any record with public access.
Fair comment and criticism—allows reporters to review the work of performances of persons and groups which offer their efforts for public approval or whose work affects the public.
Constitutional or First Amendment defense-in general, it allows the media to openly and freely discuss public matters.
Absence of malice.