MediaLawLetter December 2009
Download Publication MLRC Thank You, Kelli Sager REPORTERS PRIVILEGE Congress: Federal Shield Law Bill Passes Senate CommitteeJudiciary Committee Passes Shield Law Bill 14-5S. 448 “Free Flow of Information Act of 2009” LEGISLATION Congress: Bills In House And Senate Would Loosen Pleading Standards For Defamation SuitsBills Introduced to Overrule Supreme Court’s Decision Ashcroft v. IqbalS. 1504…
The Ethics of Journalism During Disasters and the Implications for Media Lawyers
This article addresses the need for media lawyers to develop an understanding of ethical issues faced by journalists when covering disasters or traumatic events. A report recently published by the Centre for Advanced Journalism at the University of Melbourne (the Report) examined these ethical issues by interviewing 28 media representatives from commercial television to local…
Coda To The End Of The Twilight Series: Dismissal Of Copyright Action
On November 20, 2009, the much-anticipated second movie based on Stephenie Meyer’s Twilight Series – New Moon – opened in theaters across the United States to the largest single day domestic gross in history — $72.7 million. Four days later, Ms. Meyer got more good news. Judge Otis Wright III of the Central District of…
California Court Of Appeal Affirms Summary Judgment On Idea Submission Case
In an unpublished ruling, the California Court of Appeal unanimously affirmed summary judgment for the defendant in an idea submission case involving the motion picture YEAR OF THE DOG. Kightlinger v. White, Case No. B 210802 (Cal. App. Nov. 23, 2009) (Chaney, Mallano, Rothschild, JJ.). Factual Background Plaintiff Kightlinger and defendant White were friends as…
European Court of Human Rights Rules for Media in Source Protection Case
The European Court of Human Rights (ECHR) this month unanimously confirmed the importance of the protection of journalists’ sources as part of the media’s right to freedom of expression. Financial Times and ors v United Kingdom (Application no 821/03 Dec. 15, 2009) (“Interbrew Case”). Background The case started in 2001, when journalists at five media…
Supreme Court of Canada Creates Defense of Public Interest Responsible Communication
By Paul Schabas, Erin Hoult and Iris Fischer In what is perhaps the most significant development in Canadian defamation law, the Supreme Court of Canada has created a new defence of “public interest responsible communication”. In Grant v. Torstar Corporation, 2009 SCC 61 (December 22, 2009), the Supreme Court at last recognized that the common…
Promissory Estoppel Claim Stated Against Yahoo
The Oregon federal district court this month denied Yahoo’s motion to dismiss a promissory estoppel claim over its failure to promptly remove a false online profile of the plaintiff. Barnes v. Yahoo!, No. 05-926 (D. Ore. Dec. 11, 2009). The court held that plaintiff pled sufficient facts to show that she relied to her detriment…
The Single Publication Rule Online: When Does Updating a Website Constitute Republication?
In July of 2002, a decision of the New York Court of Appeals helped usher defamation jurisprudence into the digital era. Firth v. State, 98 N.Y.2d 365 (N.Y. App. 2002). At issue in that case was a report that the State Education Department had posted on its website, which criticized certain managerial decisions made by…
Kentucky Federal Court Analyzes Single Publication Rule and the Internet
A Kentucky federal district court ruled that hyperlinks and other references to an alleged defamatory article on the web is not a republication to restart the statute of limitations. Salyer v. The Southern Poverty Law Center, Inc., No. 3:09-CV-44-H, 2009 WL 4758736 W.D. Ky. Dec. 7, 2009) (Heyburn, J.). In a detailed review of web…
Libel Suit by Topless Bar Owner and Dancers Against News Source Dismissed
A Tennessee appellate court affirmed dismissal of a libel suit against a news source, holding that plaintiffs failed to plead that the complained of statement was “of and concerning” them. Steele v. Ritz, No. W2008-02125-COA-R3-CV, 2009 WL 4825183 (Tenn. App. Dec., 16 2009). Plaintiffs, the owner of a topless bar and three female employees, sued…
Touching a Hot Stove, Twice: Florida Court Dismisses Putative Defamation Action
On November 4, 2009, Judge Thomas H. Barkdull, III of the Circuit Court of the 15th Judicial Circuit in and for Palm Beach County, Florida granted motions to dismiss the defamation action brought by convicted felons Joseph Serian (Serian) and Robert Sensi (Sensi) attacking the content of the book, America at Night: The True Story…
Libel Lawsuit Against Dixie Chicks Dismissed on Summary Judgment
An Arkansas federal district court this month granted summary judgment dismissing a libel suit against the lead singer and members of the country music group the Dixie Chicks over a letter to fans posted on the group’s website and MySpace page. Hobbs v. Pasdar, No. 4:09-CV-0008 BSM (E.D. Ark. Dec. 1, 2009). The letter urged…
2d Cir: Not Defamatory to Say Prisoner Will Give Evidence for Prosecution
Noting that defamatory meaning is to be determined by “right-thinking” members of the community, the Second Circuit Court of Appeals held that it is not defamatory to report that a prisoner was planning to cooperate with prosecutors and testify against a suspected organized crime member. Michtavi v. New York Daily News, No. 08-2111 (2d Cir….
Lawsuit Against Sasha Baron Cohen and Producers of “Brüno” Movie Dismissed
In the first decided case involving the movie Brüno, a Los Angeles Superior Court granted an anti-SLAPP motion to strike a lawsuit by a women who was filmed in one of the movie’s scenes and brought negligence, emotional distress, fraud and related claims. Olson v. Cohen, et al., No. MC 020465 (Cal. Sup. Ct. Nov….
2nd Circuit: No Claim for Prima Facie Tort Based on a Defendant’s Expression
Earlier this month, the United States Court of Appeals for the Second Circuit made clear that a claim for prima facie tort has no place in the editorial context. In McKenzie v. Dow Jones & Company, Inc., (2d Cir. Dec. 9, 2009), the Second Circuit affirmed the dismissal of a prima facie tort lawsuit brought…
Supreme Court Asked to Review Right of Publicity Case
The publisher of Hustler magazine this month filed a petition for certiorari to the U.S. Supreme Court asking the Court to review an Eleventh Circuit decision reinstating a right of publicity lawsuit over the publication of old nude modeling photographs in an article about the life and murder of the model. Toffoloni v. LFP Publishing…
FTC Issues Final Guides on the Use of Endorsements and Testimonials in Advertising
The Federal Trade Commission’s revised Guides Concerning the Use of Endorsements and Testimonials in Advertising (the “Endorsement Guides”) went into effect on December 1, 2009. Like all FTC Guides, the revised Endorsement Guides are advisory in nature and do not operate with the force of law. Nonetheless, they articulate standards that the FTC Staff will…
Federal Anti-SLAPP Bill Introduced in Congress
On December 15, Congressman Steve Cohen (D-TN) introduced a federal anti-SLAPP bill in Congress. The “Citizen Participation Act,” H.R. 4364, would not only protect petitioning activity, such as statements connected to executive or legislative action, but would also apply broadly to protect speech or conduct in connection with an issue of public interest – along…
Pending Bills in House and Senate Would Loosen Pleading Standards for Defamation Suits
By Cliff Sloan, John Beisner and Jessica Miller Congress is considering legislation that could substantially raise the bar for defendants who move to dismiss civil lawsuits under Federal Rule of Civil Procedure 12, including suits for defamation. Introduced by Sen. Arlen Specter (D.-Pa.) in the Senate and Rep. Jerry Nadler (D.-N.Y.) in the House, S….
Federal Shield Law Bill Passes Senate Committee
The Senate Judiciary Committee passed the “Free Flow of Information Act of 2009” (S. 448) on December 10, 2009, by a vote of 14-5. The bill, introduced by Sen. Chuck Schumer (D-NY) and Sen. Arlen Specter (D-PA), among others, provides a qualified privilege against disclosure of confidential sources and information received in confidence. It provides…
Thank you, Kelli Sager, Defense Counsel Section President 2009
On behalf of all of us I want to thank Kelli Sager for her terrific leadership of the Defense Counsel Section this year. Kelli’s term as President ends this month, but fortunately for all of us, she remains on the DCS Executive Committee as emeritus for another year. Anyone who has been involved with MLRC…