法律英语：15 Defamation Claims

by Michael W. Flynn

First, a disclaimer: Although I am an attorney, the legal information in this podcast is not intended to be a substitute for seeking personalized legal advice from an attorney licensed¹ to practice in your jurisdiction². Further, I do not intend to create an attorney-client relationship with any listener.

Today’s topic is television libel and slander³. Steve from Massachusetts wrote:

Some friends and I last night saw an episode of Cops where they purport⁴ to show real life video of people being chased and arrested. Is this legal? If you're arrested, do the cops have the automatic right to video while you're being questioned and show that video on TV? Couldn't that be considered libel or slander, especially since the people on [Cops] haven't even been accused of a crime, yet?
Thanks Steve. The short answer is that a person depicted⁵ on a television show being arrested does not likely have a good defamation⁶ case against the television station. The person might have a case for invasion of privacy, but not likely. The quick and dirty tip is simply to assume that all encounters with the police are being recorded.

To successfully win a claim for the tort of defamation, you must prove the unprivileged publication of a fact that is false and has the tendency to injure your reputation. Defamation can be in the form of slander, which is generally spoken, or libel, which is generally written. Statements that accuse a person of a crime are always deemed to be slanderous⁷.

However, there are two main defenses to a claim of defamation. The first is the absolute defense⁸ of truth. If the statement made is true, then the suit for defamation will fail. The second is consent. If you consent to a statement being published about you, and the statement is published within the scope of that consent, then you cannot later maintain a suit for defamation.

Both defenses would apply to the broadcasters of the show Cops. Where a television show depicts⁹ a person being arrested, and that person was in fact arrested, then the depiction¹⁰ is true. Further, I understand that Cops places a disclaimer at the beginning of the show stating that the people depicted in the show are innocent until proven guilty in a court of law. This statement more specifically clarifies for the viewer that the person depicted did not necessarily commit the crime, but had merely been arrested for it.

As to consent, I understand that Cops often obtains release forms from the people being depicted. This release form constitutes consent, and so the person depicted has no legal recourse for defamation so long as the television station acts within the scope of the release.

Also, anyone depicted on the show whose face is blurred¹¹ out is unlikely to win a defamation suit. This is because the tort of defamation also requires that a person watching the show can identify the subject.

Another related defense to defamation is newsworthiness. For example, if a suspect is driving erratically¹² because he is drunk, and the video of the chase is later played as a news story about the dangers of driving under the influence, then the television station can invoke¹³ a defense of newsworthiness.

Steve specifically asked whether the police have the automatic right to record a video while you are being questioned and show that video on TV. This question falls under other torts that involve invasion of privacy. You can sue for invasion of privacy if the police intentionally¹⁴ intrude¹⁵ into your privacy and that intrusion would be highly offensive to a reasonable person. Whether or not your privacy has been invaded depends on whether you have a reasonable expectation of privacy. When you are confronted by the police in a public place, it is not generally considered reasonable to expect your encounter to be private. This is because police are supposed to record their encounter with you for the purposes of law enforcement. So, when you are pulled over by police, you should expect that the officers are recording¹⁶ the encounter. By contrast, if the police secretly recorded you in your home, and then broadcast the tape, you would more likely prevail.

Last, a person whose face is used in a television show for commercial gain might be able to sue for misappropriation of his image.

Thank you for listening to Legal Lad’s Quick and Dirty Tips for a More Lawful¹⁷ Life. Be sure to check out all the qdnow podcasts, such as The Mighty¹⁸ Mommy.

You can send questions and comments to。。。。or call them in to the voicemail line at 206-202-4LAW. Please note that doing so will not create an attorney-client relationship and will be used for the purposes of this podcast only.

Legal Lad's theme music is "No Good Layabout" by Kevin MacLeod.

 

1 licensed   

adj.得到许可的v.许可，颁发执照(license的过去式和过去分词)

参考例句：

• The new drug has not yet been licensed in the US. 这种新药尚未在美国获得许可。
• Is that gun licensed? 那支枪有持枪执照吗？

2 jurisdiction   

n.司法权，审判权，管辖权，控制权

参考例句：

• It doesn't lie within my jurisdiction to set you free.我无权将你释放。
• Changzhou is under the jurisdiction of Jiangsu Province.常州隶属江苏省。

3 slander   

n./v.诽谤，污蔑

参考例句：

• The article is a slander on ordinary working people.那篇文章是对普通劳动大众的诋毁。
• He threatened to go public with the slander.他威胁要把丑闻宣扬出去。

4 purport   

n.意义，要旨，大要；v.意味著，做为...要旨，要领是...

参考例句：

• Many theories purport to explain growth in terms of a single cause.许多理论都标榜以单一的原因解释生长。
• Her letter may purport her forthcoming arrival.她的来信可能意味着她快要到了。

5 depicted   

描绘，描画( depict的过去式和过去分词 )； 描述

参考例句：

• Other animals were depicted on the periphery of the group. 其他动物在群像的外围加以修饰。
• They depicted the thrilling situation to us in great detail. 他们向我们详细地描述了那激动人心的场面。

6 defamation   

n.诽谤；中伤

参考例句：

• Character defamation can be either oral or written.人格诽谤既可以是口头的也可以是书面的。
• The company sued for defamation.这个公司因受到诽谤而提起诉讼。

7 slanderous   

adj.诽谤的，中伤的

参考例句：

• A man of moral integrity does not fear any slanderous attack.人正不怕影子斜。
• No one believes your slanderous talk anyway!不管你怎么说，也没有人听信你这谗言！

8 defense   

n.防御，保卫；[pl.]防务工事；辩护，答辩

参考例句：

• The accused has the right to defense.被告人有权获得辩护。
• The war has impacted the area with military and defense workers.战争使那个地区挤满了军队和防御工程人员。

9 depicts   

描绘，描画( depict的第三人称单数 )； 描述

参考例句：

• The book vividly depicts French society of the 1930s. 这本书生动地描绘了20 世纪30 年代的法国社会。
• He depicts the sordid and vulgar sides of life exclusively. 他只描写人生肮脏和庸俗的一面。

10 depiction   

n.描述

参考例句：

• Double rhythms, resounding through the lyric depiction and connecting with each other, indicate the thespian place of mankind and the cognition of the writer to this thespian place. 这双重旋律互为表里，表明了人类的某种悲剧性处境以及作家对这种悲剧性处境的感受和认识。
• A realistic depiction of scenes from everyday domestic life. 日常家居生活的写实画。

11 blurred   

v.（使）变模糊( blur的过去式和过去分词 )；（使）难以区分；模模糊糊；迷离

参考例句：

• She suffered from dizziness and blurred vision. 她饱受头晕目眩之苦。
• Their lazy, blurred voices fell pleasantly on his ears. 他们那种慢吞吞、含糊不清的声音在他听起来却很悦耳。 来自《简明英汉词典》

12 erratically   

adv.不规律地，不定地

参考例句：

• Police stopped him for driving erratically. 警察因其驾驶不循规则而把他拦下了。 来自辞典例句
• Magnetitite-bearing plugs are found erratically from the base of the Critical Zone. 含磁铁岩的岩栓不规则地分布于关键带的基底以上。 来自辞典例句

13 invoke   

v.求助于(神、法律)；恳求，乞求

参考例句：

• Let us invoke the blessings of peace.让我们祈求和平之福。
• I hope I'll never have to invoke this clause and lodge a claim with you.我希望我永远不会使用这个条款向你们索赔。

14 intentionally   

ad.故意地，有意地

参考例句：

• I didn't say it intentionally. 我是无心说的。
• The local authority ruled that he had made himself intentionally homeless and was therefore not entitled to be rehoused. 当地政府裁定他是有意居无定所，因此没有资格再获得提供住房。

15 intrude   

vi.闯入；侵入；打扰，侵扰

参考例句：

• I do not want to intrude if you are busy.如果你忙我就不打扰你了。
• I don't want to intrude on your meeting.我不想打扰你们的会议。

16 recording   

n.录音，记录

参考例句：

• How long will the recording of the song take?录下这首歌得花多少时间？
• I want to play you a recording of the rehearsal.我想给你放一下彩排的录像。

17 lawful   

adj.法律许可的，守法的，合法的

参考例句：

• It is not lawful to park in front of a hydrant.在消火栓前停车是不合法的。
• We don't recognised him to be the lawful heir.我们不承认他为合法继承人。

18 mighty   

adj.强有力的；巨大的

参考例句：

• A mighty force was about to break loose.一股巨大的力量即将迸发而出。
• The mighty iceberg came into view.巨大的冰山出现在眼前。