Journalists Learn How to Avoid Getting Sued for Libel
The Student Press Law Center kicked off the first afternoon of MediaFest 25 with a detailed session on how student journalists should navigate media law challenges in the United States.
Mike Hiestand, senior legal counsel at the Student Press Law Center, a legal organization dedicated to defending student journalists’ freedom of the press, aimed to remove the fear of the topics of media law, including libel and copyright.
“You’re not going to become an expert, but you’ll know what these things are, what they aren’t and how to ask for help,” said Hiestand.
During his 34 years at SPLC, Hiestand said the challenges to press freedom he has seen in the last three years have been nearly incomparable to those of the three decades prior. In the face of these challenges, student journalists must not back down because of fear, he said.
“We need heroes,” said Hiestand. “Part of student journalists’ mission is to tell the truth, even if it’s difficult.”
Libel — defined as defamation via print, writing, pictures, signs, effigies, social media that hurts a person’s reputation — can be a daunting topic for all journalists, but Hiestand explained that to prove libel, a public official must show that what was said against them was made with actual malice, is false or shows reckless disregard for the truth, in the 1964 ruling by the U.S. Supreme Court in the case of New York Times v. Sullivan.
Acting as a reasonable reporter, Hiestand outlined, includes using trustworthy sources, taking accurate notes, using reputable documents, being intentional with word choice, getting all sides of the story and editing diligently.
For student publications with limited money and multimedia resources, copyright infringements can also be a looming threat, the backdrop Hiestand provided for his rundown of the topic, including what is – and what is not – protected by copyright law.
Hiestand told the room of roughly 20 students and student media advisors that reporting and other work is individually owned by that student, in contrast with the work of professional journalists that employers can lay copyright claim over.
Student newsrooms may receive auto-generated copyright infringements via email, which Hiestand warned students to not ignore. Instead, they should remove the copyrighted material online and respond in writing to the notice, emphasizing that the outlet is student media.
For attendees of the Oct. 15 afternoon session, such as Old Dominion University senior Ash Thomas, the crash course highlighted an important part of the law for both producers and consumers of journalism. The libel section of the multi-hour presentation was a highlight for them, and they were surprised by what Hiestand shared as the biggest defense against libel: sticking to the basics.
“I was surprised how much of it comes down to just being a good journalist,” said Thomas. “Being threatened by something like a libel suit is really scary, so having this knowledge is comforting.”
The Student Press Law Center joined the Student Press Freedom Initiative, the Joseph L. Brechner Center for Freedom of Information and the Reporters Committee for Freedom of the Press will host MediaFest 25’s Media Law Central, with presentations beginning Oct. 16.
Tagged under: ACP, CMA, SPJ News, mediafest25