l were to realize the person’s identity, libel is still possible. The libel must be published. This does not mean that it must be printed in a newspaper. You will recall from the definition that libel can be written (as in a letter that is seen by a single third person) or  it  can  be  pictured  (as  in  a  photograph  or cartoon).   Spoken   libel,   or   slander,   is   also considered  by  the  courts  to  have  been  published. As   a   Navy   journalist,   you   will   not   have   to concern  yourself  too  much  about  the  legal  and technical differences between libel and slander. It is sufficient to know that any defamation may be considered unlawful, regardless of whether it is written or spoken. One of your jobs is to make sure  that  defamatory  statements  do  not  reach print   or   the   airwaves   through   a   Navy   news release. Libel, as an offense, is almost as old as civilization. Many early societies punished those who would harm the  name  or  reputation  of  another.  Decimation  before the invention of printing almost always took the form of slander.  An  early  code  of  Egyptian  law  recognized slander as an offense against the sun god. After the invention of printing, libel became very closely related to freedom of the press. Through history, governments have taken various and often harsh views of  a  free  press.  For  centuries,  the  struggle  for  some measure of press freedom was an uphill battle. Much of the  trouble  encountered  in  striving  for  press  freedom revolved   around   the   fact   that   for   a   long   time governments   considered   any   adverse   criticism   or comment to be libelous. Thus rulers went as far as to imprison or put to death writers who had criticized them in print. Even today, in some countries, too much of the wrong kind of criticism can mean a newspaper will be closed. A  balance  between  ruthless  suppression  and  license was struck by the U.S. Constitution, and the courts have strengthened   this   balance   in   the   intervening   years. Today,  as  one  writer  says,  freedom  of  the  press  and speech  is  “the  first  principle  of  the  Anglo-American legal structure.” He goes on to say these freedoms are a “specific legal principle defining the relationship, in a democracy,   between   the   people   and   their   elected representatives.” Libel laws exist because the free press is a two-way street There are obligations that accompany the rights of  freedom  of  speech  and  press.  The  managers  of  a respectable news medium obey the libel laws not merely because they wish to avoid being sued but because they believe in the dignity of the individual. HOW LIBEL IS COMMITTED If  news  media  commit  libel  today,  it  generally occurs in one or more of the following areas: l l l l l Attacking   a   person’s   character   or   personal reputation Accusing  someone  of  a  loathsome  disease  or insanity Accusing someone of a crime Attacking a person’s professional competence Subjecting   a   person,   in   any   way,   to   public contempt, hatred or ridicule Instances  of  libel  are  more  common  than  most people suspect, and court action does not have to result before   a   statement   becomes   libelous.   There   are hundreds of instances of libel everyday in the United States news media. The vast majority of them are minor or borderline cases, and most of the more serious ones go unnoticed or uncontested. There are relatively few court actions for libel. RESPONSIBILITY  FOR  LIBEL Let’s assume that you write a story and accidentally include a statement that offends somebdy. The person offended  sues  for  libel.  Who  is  responsible?  Who  pays? A casual observer might think that in a suit against a large  newspaper,  any  damages  will  be  paid  by  the medium publishing the story. This is not necessarily so. Technically, everybody who had anything to do with the statement may be sued. This includes you, the PAO who  released  it,  the  officer  in  command  who  is responsible for everything you release, the editor who accepted it, the editor who approved it and anybody else in  the  chain  of  events  who  read  it,  understood  it,  yet allowed the statement to reach print. Another point worth emphasizing is that any person who reprints a libelous statement can be held as being just as guilty as the person who originally published it. For  example,  assume  that  one  newspaper  publishes  a libelous  statement.  Another  newspaper  picks  up  the story,  credits  the  first  newspaper  with  the  facts  and republishes  it.  The  second  newspaper  may  be  just  as guilty as the first, if the case reaches court and libel is proved. In some states, charges maybe brought against both newspapers. 10-2