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March 2013

MediaLawLetter February 2013

PUBLICATION:

in this issue

Ethics Corner: Media Lawyers Under the Spotlight

By Peter Bartlett I volunteered to prepare an article on media ethics following the publication of the Leveson Report and two reports in Australia (The Finkelstein Report and the Convergence Review) into the culture, practices, ethics and the regulation of the media.  Much has been published about the ethical issues that led to the setting…

The Other Side of the Pond: Developments in UK and European Media Law

The Defamation Bill and Leveson, Contempt of Court and Archives, Liability of ISPs and More By David Hooper The attempts to change the law of libel in the United Kingdom have now reached the stage of the third and final reading in the House of Lords having taken place on 25 February 2013.  The Bill now…

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Seventh Circuit Addresses Trademark Confusion Arising From Movie Title

Court Avoids Relying on Rogers Test; Focuses on Absence of Actual Confusion By Steve Mandell, Steve Baron, and Elizabeth Morris The Seventh Circuit recently affirmed a Northern District of Illinois decision to dismiss a trademark case involving a claim that a movie title infringed upon the name of a musical group.  The Court skirted Second…

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The Paparazzi & The First Amendment

“Steven Tyler Act” Moves Ahead in Hawaii By Mickey H. Osterreicher In mid-February the Hawaii Senate Judiciary Committee approved an amended “anti-paparazzi” bill that creates a civil cause of action for constructive invasion of privacy when a person obtains any type of visual image, sound recording, or other physical impression of another person under circumstances…

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Law Firm Loses Privacy Suit Over Key Word Advertising

Use of Firm’s Name Was Not Commercial “Use” Within Meaning of Privacy Statute The Wisconsin Court of Appeals this month held that key word advertising is not a commercial use within the meaning of Wisconsin’s privacy statute. Harbush v. Cannon & Dunphy, S.C., No. 2011AP1769 (Wisc. App. Feb. 21, 2013) (Lundsten, Higginbotham, Blanchard, JJ.). Background…

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Illinois Appeals Court Protects Identify of Yelp! Reviewer

Negative Review of Plaintiff Was Opinion; Court Denies Pre-suit Disclosure An Illinois appellate court affirmed denial of a motion for pre-suit disclosure to obtain the identity of a Yelp reviewer who posted a harsh online review of an apartment building management company. Brompton Building, LLC v. Yelp!, No. 1-12-0547, 2013 Ill. App. Unpub. LEXIS 145…

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Reporting That Prisoner “Testified Against” an Associate Not Defamatory

But Court Remands for Consideration of Negligence Publication Claim The New Hampshire Supreme Court this month affirmed dismissal of a state prisoner’s defamation complaint against the Nashua Telegraph newspaper for reporting that he “testified against” a criminal accomplice. Sanguedolce v. Wolfe, No. 2012-217 (N.H. Feb. 25, 2013). The Court held that even if false the…

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No Personal Jurisdiction Over Colombian Newspaper Sued in Georgia for Libel

Served Ads on Website Insufficient to Exert Jurisdiction In an interesting unpublished decision, the Eleventh Circuit affirmed that Georgia courts lacked personal jurisdiction over a Colombian newspaper sued for libel in the state. Henriquez v. El Pais et al., No 12-11428 (11th Cir. Dec. 6, 2012) (Hull, Jordan, Anderson, JJ.) (per curiam).  Plaintiff argued that…

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Vermont Federal Court Applies Anti-SLAPP Law to Strike Complaint

By Navah Spero The Vermont federal district court recently applied the  state’s anti-SLAPP statue to strike a complaint filed against a college and two journalism students. Haywood v. St. Michael’s College, No. 2:12-CV-164, 2012 U.S. Dist. LEXIS 177468 (D. Vt. Dec. 14, 2012), Background Plaintiff John Haywood, a candidate for president of the United States…

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Lindsey Lohan Lawsuit Against Rapper Pit Bull Dismissed

A New York federal district court this month dismissed a lawsuit filed by actress Lindsey Lohan over the use of her name in a popular hip hop song. Lohan v. Perez aka “Pitbull” et al., 11 CV 5413 (E.D.N.Y. Feb. 21, 2013) (Hurley, J.).  The court easily found that the song was protected First Amendment…

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Washington Court Affirms Dismissal of Libel Claim Against Seattle TV Station

Allegedly False Statements Did Not Change Broadcasts’ Gist By Bruce E.H. Johnson and Ambika K. Doran On January 14, 2013, a Washington appellate court affirmed dismissal of a defamation lawsuit brought against a Seattle television station, primarily on the basis that any allegedly false statements in the challenged broadcasts did not change the gist of…

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Minnesota Supreme Court Holds Online Speaker Entitled to Summary Judgment

Another Case for the “Tool” Kit By Leita Walker In an opinion issued at the end of January, the Minnesota Supreme Court ruled unanimously that online statements about the behavior of a doctor, including the statement that he was a “real tool,” were not actionable. McKee v. Laurion, No. A11-1154, 2013 WL 331558 (Minn. Jan….

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Florida Court Grants Default Libel Judgment With Broad Speech Injunction

Order Bans Paper From Publishing Anything About Plaintiffs A Florida federal court this month granted a default libel judgment in favor of the Prime Minister of Haiti and a South Florida businessman against the Haiti-Observateur newspaper and its operator.  Baker v. Haite-Observateur, No. 12-CV-2330 (S.D. Fla. Feb. 6, 2013) (Ungaro, J.). The default judgment is…

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Virginia Jury Awards $17,000 to Veteran Accused of Lying About Service Medals

Private Figure Plaintiff Sued WTKR Over News Report A Virginia jury recently returned a verdict for the plaintiff in a private figure libel suit against Virginia broadcaster WTKR. Gsell v. Local TV Virginia, LLC, CL11-2642 (Va. Cir. jury verdict 1/29/13). The jury awarded a modest $17,000 in actual damages and the parties settled before final…

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Jury Returns Defense Verdict In Radio Shock Jock Trial

Insults Were Not Actual Statements of Fact By Jim Lake A radio shock jock’s verbal blasts at another station’s on-air host were not defamatory, a Florida jury decided. Schnitt v. Clem, (Fla. Cir. jury verdict 1/30/13) (Arnold, J.). Tampa radio personality Todd “MJ” Schnitt and his wife sued Bubba “the Love Sponge” Clem over Clem’s…

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MediaLawLetter February 2013

 Download Publication LIBEL & PRIVACY Fla. Cir.: Jury Returns Defense Verdict In Radio Shock Jock TrialInsults Were Not Actual Statements of FactSchnitt v. Clem Va. Cir.: Jury Awards $17,000 to Veteran Accused of Lying About Service MedalsPrivate Figure Plaintiff Sued WTKR Over News ReportGsell v. Local TV Virginia, LLC S.D. Fla.: Court Grants Default Libel…