Li(e)bel

Libel law is law that protects the rights of the individuals and corporations from false and negligent information. Libel law is a fundamentally common law that is protected constitutionally. For many, libel law protects reputations; for other, it protects their livelihood.

The modern concept of libel law is not much different from it's predecessor. Dating back to the beginning of civilization, the prosecution of false and derogatory statements has plagued our culture. From simple rumors to treacherous lies, libel has long been an issue that our ever evolving justice system has sought to understand.

In the United States, libel law is ever evolving. A landmark case in libel law is New York Times v. Sullivan in which the United States. This case forever changed the ability to sue others for libel. While a landmark case that forever changed libel law in the United States, there is still loopholes that allows for a loose interpretation of law.

One of the most infamous cases in recent libel history is Hulk Hogan v. Gawker. In this case, Hulk Hogan sued tabloid publisher Gawker after Gawker published a sex tape in where Hogan was engaging in an extramarital affair with another woman.

In this case, it was ruled that Gawker violated Hogans privacy but also that Gawker engaged in libel to defame Hogan. As a public figure, Hogan had to prove 'actual malice,' While this case did not technically have a winner, Gawker settled out of court with Hogan for $31 million which eventually led to the collapse of the tabloid giant.

This is not the first time that Gawker engaged in malice towards public figures. Peter Theil, the founder of PayPal, was outed as gay by the tabloid. Theil was a major financial backer of Hogan's lawsuit against Gawker.

While these cases did not have an actual winner, both Theil and Hogan were able to settler with the media giant which many can claim is a sign of guilt. In both instances, the plaintiffs had to prove actual malice as they are considered public figures.

While libel is hard to prove for many- especially public figures and public officials- intent is often used as a defense; and everyone knows intent is almost impossible to prove.

Theil and Hogan sued for all three different types of damages: actual, special, and punitive damages. Since Hogan had an affair he argued that the Gawker story harmed his reputation, caused him to lose sponsorships and sources of income, and he wanted to warn other media giants to be careful in their publishing.

No one is immune to libel; not even media magnates.

So, before you go out and sue someone for libel, be sure that you have enough to prove their guilt otherwise you will get locked into a dirty legal war. It is important that you are able to prove the 6 essential elements of libel: defamatory content, identification, publication, fault, injury, falsity. If you can prove any of these, you have a better chance at winning your case.

Whether you are Gawker, or Joe Plumber, you are not protected for false and defamatory speech against other entities. It is important to remember that if you don't have anything nice to say, don't say it... you might just get sued.