April 7, 2020
Internet Defamation: Video Defamation

Internet Defamation: Video Defamation


Hey everyone, here’s another internet defamation post. This one’s own video defamation a Couple weeks ago a media company escaped from a defamation lawsuit because of an accidental editing error and it came down to one word if Here are the facts the cases Jones vs script media out of the Eastern District of Michigan and The plaintiff in the case was a former city executive in Detroit who had sued the media company for defamation arising out of a TV stations Report about the city executive in that report There was a quote from a lawyer about the city executive where the lawyer said The city executive had violated the law. He should be thrown out of office and the matter turned over to the attorney general’s office The problem was that wasn’t the original quote from the lawyer the original quote from a lawyer about the city executive said that if The city executive had violated the law. He should be thrown out in the matter turned over to the attorney general’s office about 30 minutes or so before airtime the TV station edited the clip and Accidentally took out the first word. If so, it sounded like the report Indicated that a lawyer had accused the city executive of violating with law The court dismissed the case and said that the defamation plaintiff had not established actual malice behind the airing of the report a side note if you’re a defamation plaintiff and you’re a public official or your celebrity you are held to a higher standard in terms of proving that a Defendant had defamed you you have to prove actual malice Which means that you have to prove that the defamation defendant knew that a statement was false when the defendant made it about you or that the defamation defendant had recklessly disregarded the truth and that was the element that was missing here according to the The court that ruled in this case the court ruled that the if Omission was an accidental editing error made under time pressure As the TV station was trying to improve what the report looked like there was no evidence that the TV station intended to harm The city executive there was no evidence that the the editor had omitted the if Word because he somehow knew the city executive or knew whether he broke the lord or had ever heard Otherwise about any legal violations that whole peace there was missing from the defamation plaintiffs proof now if you compare this case to a case in 2017 called Reed versus Viacom out of Georgia There the court found evidence of actual malice. It wasn’t a matter of accidental editing errors You actually had a a production piece That was aired on TV where there was evidence of deleted movie scenes That weren’t used where the deleted movie scenes Portrayed the plaintiff in a better light that the defendants chose not to use those deleted movie scenes There was evidence that the defendants in that case had internal communications where they were Talking negatively about the defamation plaintiff and there was evidence that the defendants in that case had relied on two sources that were unreliable and Biased against the defamation plaintiff a very different case than we had the one in the one in, Michigan The takeaway from both these cases. The actual malice is hard to prove it can be challenging when you don’t have a direct statement from the defamation defendant that he or she or they intended to make false statements about a plaintiff or that they made false statements knowing That there was truth out there and they recklessly disregarded it in In actual malice cases often times you have to rely on circumstantial evidence of actual malice such as other negative statements made about the defamation plaintiff reliance on anonymous or unreliable sources Bias or ill-will toward the plaintiff threats against the plaintiff Accidental editing errors like in the case in Michigan aren’t going to be enough in that circumstance Anyway, that’s it. If you have a internet defamation issue or cyber tack issue. Let us know Defend your name your brand your reputation. Thanks

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