Media & Defamation

The Importance of a Free Press and Independent Judges

The Importance of a Free Press and Independent Judges 1

By Members of the International Bar Association’s High Level Panel of Legal Experts on Media Freedom NZ Bar Association – The rule of law is arguably the most basic requirement of any civilised society, and an independent judiciary, to which access is available to all citizens, is an essential ingredient of the rule of law. …

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The Stormy Daniels v Trump Case Illustrates Changes Social Media Brings To Libel

The Stormy Daniels v Trump Case Illustrates Changes Social Media Brings To Libel 2

Thompson Coburn – The Internet has clearly changed how we think about facts and truth, as the Stormy Daniels versus President Donald Trump case illustrates. Libel is the tort that covers false and highly damaging statements about one’s reputation. Key issues in libel law, like falsity, and what constitutes a highly damaging statement, are based …

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Navigating the Media in High Profile Cases

oj simpson trial

Latham Watkins – Throughout history, high profile court cases have capitaved the public. Historians still discuss the significance of the trials of Socrates and Galileo that occurred over 2000 and 1000 years ago respectively. And it seems that ever few years the news hits for th next “trial of the century.” When a company of …

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How A Question Mark Saved James Wood’s Twitter Liability

Kelley Drye & Warren – A federal judge in the Southern District of Ohio recently dismissed a case against actor James Woods over a tweet he posted during the 2016 presidential campaign. Woods, the outspoken conservative actor best known for his roles in Casino, Once Upon A Time In America, and Ghosts of Mississippi (for …

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Will Facebook’s News Feed Change Affect Legal Immunity For User Content?

Will Facebook's News Feed Change Affect Legal Immunity For User Content? 5

Proskauer Rose – Facebook recently announced that it would make changes to its news feed to prioritize content that users share and discuss and material from “reputable publishers.” These changes are part of what Mark Zuckerberg says is a refocusing of Facebook from “helping [users] find relevant content to helping [users] have more meaningful social …

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When Does Legally Sharing Become IP Infringement?

When Does Legally Sharing Become IP Infringement? 7

DLA Piper – Today’s means of communication is ever more dependent on social media. Whether you’re an individual, a onewoman shop, a fortune-500 company, or even the President of the United States, social media is the fastest and easiest way to be heard. But where does the line lie between legally sharing someone else’s material …

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Facebook’s Imaginative Strategy to Prevent Revenge Porn

Facebook's Imaginative Strategy to Prevent Revenge Porn 8

CloudNine –  It sounds crazy, right? Facebook wants you to stop worrying about your nudes being shared without your consent by actually sending it your nude photos. It may not be crazy as it sounds. In the article Facebook: upload your nudes to stop revenge porn, written by Lisa Vaas on the aptly named site …

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How Online Trolls Are Ruining Social Media Marketing

How Online Trolls Are Ruining Social Media Marketing 10

Morrison & Foerster* – Earlier this year I helped moderate a lively panel discussion on the social-media business and legal trends. The panelists, who represented well-known brands, didn’t agree on anything. One panelist would make an observation, only to be immediately challenged by another panelist. Hoping to generate even more sparks, I asked each panelist …

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What Happens When An Employee Defames Your Customer on Facebook?

What Happens When An Employee Defames Your Customer on Facebook? 11

Mintz Levin – In Howard v. Hertz Global Holdings, Inc., a Hawaiian Federal Court found that Hertz Rent-a-Car could not be held responsible for its employee’s Facebook comments about one of its customers.  While employers should welcome the outcome, it did turn on the facts, and could have produced a different result under different circumstances.  Employers …

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Defamation Law: The High Burden on Public Figures

Defamation Law: The High Burden on Public Figures 12

Kelley Drye & Warren – Andreas Becker, Lee Brenner  In Biro v. Condé Nast, et al., the Second Circuit recently determined that, in a defamation action, limited-purpose public figures must plead in a “plausible way” that the defendants acted with actual malice, citing Federal Rule of Civil Procedure 8 and the Supreme Court’s decisions in Iqbal andTwombly. …

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