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Defamation Media

Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement... more +
Defamation is a false statement, either written or oral, that harms the reputation of another person. In order to recover for defamation, a victim must establish that 1) the statement was false 2) the statement was communicated or published to a third party 3) the defendant caused the statement to be communicated or published, either intentionally or at least negligently 4) some harm was suffered as a result. less -
ArentFox Schiff

Media & Entertainment: 10 Legal Developments Impacting Business and Legal Decisions

ArentFox Schiff on

With 2024 underway, our team highlights 10 of the most pressing legal issues facing the media and entertainment industry this year. In 2024, media and entertainment businesses will focus on whether the longstanding tenet...more

Buckingham, Doolittle & Burroughs, LLC

Can I Sue the Media for Defamation?

Freedom of the press is a crucial component of the First Amendment of the Constitution and our society as a whole. While most media entities take the protections provided by the First Amendment seriously and do an excellent...more

Vondran Legal

Red Points sued for Defamation over DMCA takedown notice

Vondran Legal on

In an interesting case from New York Federal court, a judge denied a motion to dismiss by Defendant Red Points (an anti-piracy protection company) for submitting a take down alleging the sale of counterfeit products by the...more

WilmerHale

Disinformation Litigation Lessons From Media Co. Losses

WilmerHale on

In 2022 and early 2023, voting machine companies and the parents of school shooting victims won a string of court rulings against the media companies and personalities that had allegedly spread defamatory, viral lies about...more

Saiber LLC

Will a Decision of the High Court of Australia in a Case Involving Defamation and Social Media Have Ramifications Elsewhere?

Saiber LLC on

On September 8, 2021, the High Court of Australia ruled 5-2 in Fairfax Media Publications Pty Ltd. v. Voller that media companies in Australia could be held liable for defamation as a result of comments left by third-parties...more

Morrison & Foerster LLP - Social Media

EDNY Refuses To Dismiss on § 230 Grounds In “Shitty Media Men” Defamation Case

In Elliott v. Donegan, a federal district court in New York held that Section 230 of the Communications Decency Act does not warrant the dismissal of a defamation claim where the plaintiff’s complaint did not “foreclose[] the...more

Dorsey & Whitney LLP

Defamation Claims in UK Require Proof of “Serious Harm”

Dorsey & Whitney LLP on

The English courts have traditionally been a popular forum for defamation claims, not least because English law allows even non-residents who have minimal reputation in the UK to sue for defamation in the English courts and...more

Robins Kaplan LLP

No Winners in Rolling Stone Verdict

Robins Kaplan LLP on

A verdict was announced November 4, in Nicole P. Eramo v. Rolling Stone, LLC, et al., Civil Action No. 3:15-CV-00023, striking a legal and financial blow for the publication and its journalist, Sabrina Rubin Erdely. A...more

Foley Hoag LLP - Trademark, Copyright &...

Defamation Claim Against HBO Sports Documentary Proceeds; International Sporting Goods Supplier Not a Public Figure

On May 16, 2014, in Mitre Sports v. HBO, the Southern District of New York allowed a defamation claim brought by a UK company against HBO to proceed to trial. In doing so, the Court ruled that Mitre Sports International, one...more

Jackson Walker

Stacy Allen Speaks: Looking Back 50 Years At 'N.Y. Times v Sullivan' and the Civil Rights Movement

Jackson Walker on

I recently attended the annual ABA Forum on Communications Law, which included an informative panel discussion marking the 50th anniversary of the U.S. Supreme Court's landmark decision in N.Y. Times v Sullivan. While we are...more

Davis Wright Tremaine LLP

Blurred Lines: Ninth Circuit Applies Same First Amendment Protections to Bloggers as Traditional Media

The Ninth Circuit last week became the first federal court of appeals to find that bloggers are entitled to the same First Amendment protections as traditional print and broadcast media when sued for defamation. Obsidian Fin....more

Jackson Walker

Neely v. Wilson and the Third-Party Allegation Rule

Jackson Walker on

For the past two decades since the Texas Supreme Court's decision in McIlvain v. Jacobs, 794 S.W.2d 14, 16 (Tex. 1990), Texas appellate courts and the Fifth Circuit have repeatedly held that journalists are insulated from...more

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