LIBEL CHECKLIST _________________________________________________________________ _________________________________________________________________ Look for material that identifies a person or an entity. Keep in mind that it is possible to identify people or entities without actually using a name. If the material contains identifiable voices, likenesses, or descriptions, it could be a problem. ___ The material identifies a person or entity. STOP HERE if the material does not identify a person or entity. You can't have a libel without someone to complain about it! _________________________________________________________________ _________________________________________________________________ Is any identified person dead? There is little reason to be concerned with statements or other material reflecting badly on dead persons because the law only protects "the memory of the dead," giving no cause of action to decedents. So long as the material concerns only the dead person, you need not answer the rest of the questions on this form. ___The person identified is dead. STOP HERE if the person identified is dead. _________________________________________________________________ _________________________________________________________________ If material identifies a living person, is it: A private individual. ___A public person. ___A political person. _________________________________________________________________ _________________________________________________________________ Would the material negatively influence a reasonable reader's opinion of the person or entity identified? ___a. It would reflect badly on the character of the person or entity. ___b. It could harm the reputation, diminish the esteem, respect or good will in which the person or entity's relevant community holds him, her or it. _________________________________________________________________ _________________________________________________________________ If the material might reflect badly on character and/or harm reputation, would the harm be the result of: ___An explicit statement. ___An insinuation. ___A sarcastic statement. ___A parody or cartoon. ___An opinion that implies that there are unstated defamatory facts underlying it. ___Other. _________________________________________________________________ _________________________________________________________________ There are several possible defenses to a claim of defamation, although none may apply in a particular case. Check one of the following defenses only if you are fairly certain it would apply. ___The statement or other material is true. ___The statement or other material is purely an expression of opinion and not an assertion of fact. ___The statement or other material constitutes a fair comment on a matter of public opinion, for example, the use of public money, disbarment of attorneys, management of public institutions and charities, management of private companies whose activities widely affect the public (pollution, delivery of medical services, common carriage, employment practices, discrimination, etc.) or the review of books, public entertainment, sports events or scientific discoveries. ___No one could reasonably interpret the statement or image to be an assertion of actual fact about the person or entity. ___The statement or image can be characterized as mere words of abuse, indicating dislike for the person or entity, but does not suggest any specific charge. ___The subject of the statement or image has given consent to or approved the material. _________________ __________ _________________________________________________________________ University Liability for the Wrongful Acts of Employee Publishers | Copyright Management Center Homepage | Intellectual Property Section Homepage _________________________________________________________________ 8 August 1995 University of Texas System Office of General Counsel Comments to gharper@utsystem.edu _________________________________________________________________