ABSTRACT

When someone’s reputation is hurt by publication of false statements, the law of libel gives them a remedy. Defamation lawsuits are one of the greatest risks for publishers, especially in the digital age. This chapter details the development of American libel law, including the elements to establish a case, defenses and First Amendment considerations that provide some shield for mistakes. The actual malice rule for publications about public officials, exceptions for platforms under Section 230 of the Communications Decency Act, international issues and strategic lawsuits against public participation are examined as well.