Listen Up About Libel
How is a libel case decided?
To sue for libel, there are three key elements that must be fulfilled for someone to have a case against you.
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1. Publication: your podcast fulfills this element assuming it was hear by more than you and the plaintiff.
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2. Identification: you identified the plaintiff either by name or likeness to persons who knew them or were aquatinted with them.
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3. Defamation: you made a false statement about the plaintiff that was damaging to their reputation.
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Once these three elements are fulfilled the case may take other twists and turns based on who you were talking about and what kinds of damages they are seeking.
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View the chart to the right to see a roadmap of establishing a libel case.
Who are you talking about?
How do podcasts differ from other media?
It is easy enough to find information about libel across traditional forms of media such as print and broadcast, but where does podcasting fit in? As a field that has grown increasingly popular, the legal considerations surrounding it have also increased. Libel is a type of defamation that includes published material such as podcasts. Pre-recorded podcasts are able to be edited and fact-checked much easier than live podcasts. Regardless, as a medium for communication, podcasts have the ability to reach a large audience and be available indefinitely. This is exactly why it is so important for content creators on this platform to learn about how to diminish the potential to get into legal trouble.
Libel across state lines:
Podcast listeners can tune in from anywhere, thus it’s important to know how libel laws differ across state lines. Libel cases are decided by the law of the state where the harmful statement was made or where the victim resides. In a select amount of cases, the federal court may have jurisdiction over the case.
