Can You Sue the News for False Information?

If you’ve been the victim of false, damaging information published by a news outlet, you may wonder if you can sue for defamation. The answer is yes, it is possible to sue the news for publishing false information – but it’s not easy. In this article, I’ll break down the key legal standards you need to prove, the process of pursuing a claim, and the challenges you can expect along the way.

You can sue the news for publishing false information about you if the statements meet the legal elements of defamation. To prove defamation against a media defendant, you must show that the statements were false, published to a third party, caused you damage, and not privileged. However, defamation lawsuits against the news media can be challenging to win due to First Amendment protections for freedom of the press and other legal defenses available to journalists and publishers.

What is Defamation, and What Elements Must You Prove to Sue the News?

Defamation is a false statement presented as a fact that causes injury or damage to the character of the person it is about. Celebrities and public figures find it even harder to prove defamation. They have to show actual malice, meaning the news outlet knew the statement was false or acted with reckless disregard for the truth when it published it.

There are four key elements you must prove to have a valid defamation claim against a news organization:

1. The statement was false
2. The statement was “of and concerning” you
3. The statement was published, broadcast, spoken, or otherwise disseminated to a third party
4. The statement caused you harm

Harm can include things like lost wages, lost business opportunities, public humiliation, mental anguish, and more. But it’s not enough that the statement embarrassed you or hurt your feelings. You’ll need to prove the false statement directly caused you measurable financial losses or serious reputational damage.

What Legal Standards Apply When Suing the News for False Information?

Unfortunately for plaintiffs, the bar for proving defamation against a media defendant is very high. This is because news organizations have significant First Amendment protections. Courts have repeatedly affirmed the media’s right to report on matters of public interest and concern.

To win a defamation lawsuit against a news outlet, a public figure must prove “actual malice.” This means the defendant made the defamatory statement with the knowledge it was false or with reckless disregard for the truth. It’s an intentionally difficult standard to meet.

Private figures have a slightly lower burden in most states. They typically need to prove the media defendant was at least negligent in publishing the false statement without doing their due diligence to verify the facts. However, some states have different standards.

The landmark Supreme Court case New York Times v. Sullivan established the “actual malice” requirement for public figures back in 1964. The court ruled that without this high bar, news organizations would be discouraged from reporting on vital issues due to fear of lawsuits. The goal was to avoid chilling free speech and freedom of the press.

Since then, numerous court rulings have reinforced these protections and made defamation claims against the media challenging. Plaintiffs need extensive, compelling evidence to prove a news outlet knowingly or recklessly disregarded the truth.

What Defenses Can the News Raise to Defamation Claims?

Even if you have evidence to support the four key elements of defamation, the media defendant may still be able to defeat your claim using several powerful defenses and privileges, such as:

• Truth: If the news organization can prove the statement that harmed you was substantially true, that is an absolute defense to defamation. It may not matter if some minor details are inaccurate. The defendant would likely prevail as long as the “gist” or “sting” of the statement was true.
• Opinion: The First Amendment protects Statements of pure opinion and cannot legally be defamatory. This defense is tricky, though, because an opinion based on false facts or that implies false facts can sometimes qualify as defamation.
• Fair Report Privilege: News organizations are protected when they fairly and accurately report information from official public proceedings like court cases, government hearings, and legislative activities. This allows the news to report on these matters without independently verifying every statement made.
• Neutral Reportage Privilege: Media defendants may be protected when they neutrally report newsworthy allegations made by credible sources about public figures or matters of public concern, even if the allegations later turn out to be false.
• Wire Service Defense: News outlets that rely on reputable wire services like the Associated Press are typically shielded from defamation liability if the wire story they used turns out to be false, as long as they didn’t know it was untrue or make material changes.
• Statute of Limitations: You have a limited window to file a defamation lawsuit, ranging from one to three years in most states. If you miss the deadline, your case will likely be dismissed.

These defenses show why defamation cases against media companies are so difficult to win. News organizations simply have more leeway to make mistakes due to the nature of their First Amendment protected activities.

How Do You Prove the News Harmed You with False Information?

To recover damages in a defamation lawsuit, you must be able to prove the false statements caused you real, quantifiable harm. There are several types of damages available:

• Special Damages: These are provable economic losses directly caused by defamatory statements, such as lost business deals, contracts, or employment opportunities. You’ll need documentation to link the damages to the statements.
• General Damages: These compensate you for less tangible harms that don’t have a specific monetary value, such as humiliation, mental anguish, and reputational damage. They can be inferred from the defamatory nature of the statements.
• Punitive Damages: In cases of egregious defamation where actual malice is proven, you may be able to recover punitive damages to punish the defendant.

In certain cases involving statements so outrageous they are presumed to cause harm, such as false allegations of criminal conduct or sexual misconduct, damages may be presumed without specific proof. But in most cases, you’ll need evidence directly connecting the false news reports to negative consequences in your life.

Causation can be challenging to prove, as the defendant may argue other factors contributed to your damages. The more proof you have of concrete financial losses resulting from damaged relationships, lost customers, or diminished business opportunities in the immediate aftermath of the defamatory publications, the stronger your case will be.

What is the Process and Timeline of Suing the News for Defamation?

If you’re considering suing a news organization for defamation, it’s critical to act quickly due to the strict statutes of limitations. Here’s a general overview of the process and timeline:

1. Consult with an experienced defamation attorney to evaluate the strength of your case and discuss your options. Do this as soon as possible after the false statements are published.
2. Send a retraction demand to the news outlet asking them to remove the statements or publish a correction. Your attorney will draft this for you. Give them a firm deadline to comply, usually 5-10 days.
3. If the outlet refuses to retract or correct the statements, your attorney will begin preparing your complaint. This formal legal document outlines your allegations against the defendant. It must be filed with the appropriate court before the statute of limitations expires, which can be as short as one year.
4. Once your complaint is filed, the defendant will have a certain number of days to file a response, typically 20-30 days. They may file a motion to dismiss your case outright.
5. If your case survives dismissal, the discovery process begins. This is where both sides exchange evidence and conduct depositions. It can last several months.
6. If your case survives summary judgment, it will proceed to trial. This is rare, as most cases settle or are dismissed before trial. But if it does go to trial, expect it to last at least a year from your initial filing date, and potentially much longer if there are appeals. Trials are unpredictable and very expensive.

The entire process of suing a news organization for defamation often takes a minimum of 1-2 years, and that’s if your case is strong enough to make it to trial. Many cases are dismissed in the early stages. Talk to your attorney about the estimated timeline for your unique circumstances.

How Much Does It Cost to Sue the News and What Are the Risks?

Defamation lawsuits are notoriously costly, with expenses potentially running into the hundreds of thousands of dollars due to their complexity.

There’s also the risk of drawing more attention to the false statements by suing. Even if you win, more people may see the original defamatory content due to media coverage of the lawsuit. You have to weigh the potential benefit of vindicating your reputation against the possibility of amplifying the harm.

Some states also have anti-SLAPP laws (strategic lawsuits against public participation) designed to deter frivolous defamation suits that infringe on First Amendment rights. If a defendant believes your lawsuit is meritless, they may file an anti-SLAPP motion. If granted, your case will be dismissed, and you’ll likely have to pay the defendant’s attorney fees. Discuss the anti-SLAPP risk with your lawyer.

What Alternative Removal Strategies Are Available If Suing Is Not An Option?

When clients face negative news articles online, they often wonder if the content can be removed. While not always easy, there are several strategies to address this issue:

• Reach out to the publisher directly, requesting removal or amendments. This can be quick and cost-effective, but not all publishers will comply.
• Submit a request to Google to de-index the article from search results. This doesn’t remove the original content but reduces visibility. However, Google only grants these requests in specific situations.
• Suppress the negative article by creating and promoting positive content that outranks it in search results. This long-term approach requires ongoing effort and maintenance.

What Should You Do Before Suing the News for Defamation?

Before pulling the trigger on a defamation lawsuit against a media company, take these steps:

1. Document everything. Save copies of the false statements in print, video, audio, and online formats. Screenshot social media posts and online articles before they can be deleted.
2. Gather evidence of the tangible ways the statements harmed you. This could include proof of lost business, damaged relationships, or professional setbacks. The more specific, the better.
3. Be honest with your attorney about any potential “truth” to the statements. Remember, substantial truth is an absolute defense to defamation. Surprises that undermine your case can be devastating.
4. Discuss your public reputation and relationship to the controversy with your attorney. Are you a public figure? A limited-purpose public figure for this issue? This affects the standards you must meet.
5. Listen to your attorney about the strengths and weaknesses of your case. Defamation cases against the media are very challenging. Make sure you understand the risks and have realistic expectations.
6. Carefully consider sending a retraction demand before suing. Sometimes, it is better to resolve the issue without litigation first. However, there may also be strategic reasons for proceeding straight to a lawsuit. Trust your attorney’s advice.
7. Prepare yourself mentally and emotionally for a long battle. Defamation lawsuits often take years to resolve and can be very stressful. Make sure you have a strong support system and healthy coping mechanisms in place.

Suing a media company for defamation is a major decision that should not be made lightly. However, if you have a strong case and are committed to seeing it through, it may be the best way to vindicate your reputation and hold the news organization accountable for the harm they caused.

Protect Your Reputation with Experienced Legal Guidance

As a plaintiff, you’ll need to meet high legal standards and overcome an array of defenses to prevail in your claim. Proving actual malice for public figures and demonstrating the requisite level of fault for private figures is no small feat. You’ll also need clear and convincing evidence of the defamatory nature of the statements and the damages they directly caused.

However, this does not mean you are helpless if you have been legitimately wronged by false media reports. A defamation lawsuit can still provide a path to justice and a way to vindicate your reputation in the proper circumstances.

The key is to work with an experienced defamation attorney who can guide you through the legal aftermath of being defamed by the media. A skilled lawyer will know how to build the strongest case possible, avoid potential pitfalls, and maximize your chances of securing a successful outcome.

We Can Help

At Minc Law, we have extensive experience holding defendants accountable for publishing false and injurious statements. We understand the high stakes involved when your reputation is on the line, and we are committed to aggressively fighting to protect your rights.

While taking on the media can be a daunting prospect, the personal and professional costs of not acting can be even greater. If you have been the victim of defamatory statements published by a media outlet, the sooner you act, the better.

By consulting with an experienced defamation lawyer, you can fully understand your rights and legal options. Your attorney can help you weigh litigation’s costs, benefits, and risks and determine the most strategic path forward.

Nobody should bear the burden of a damaged reputation due to a news organization’s reckless or malicious actions. If you have been defamed by the media, know that there is hope. You can take back your narrative and restore your good name with the right legal team.

If you believe you have a defamation claim against a media company, contact the experienced attorneys at Minc Law today to schedule a consultation. We will listen to your story, evaluate your case, and provide the guidance and advocacy you need to protect your reputation and obtain justice.

To find out more about your options, whether your case warrants a libel suit, or how to improve your chances of getting news articles removed, contact the experienced online defamation attorneys at Minc Law today.