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Tabloids have been around for years, and many of them make money publishing stories about celebrities that stretch the truth.
In certain cases, celebs can take these articles and use them as basis for a defamation lawsuit against the tabloids.
Tom Cruise recently sued Bauer Publishing, which produces In Touch and Life & Style Magazines after the tabloids wrote that Cruise had cut all ties to his daughter after divorcing ex-wife Katie Holmes. The lawsuit was settled for an undisclosed amount.
Proving Defamation
In order for Cruise – or any other celebrity – to recoup damages from a tabloid, they first have to prove that the statement published was defamatory, which isn’t easy. Generally, there are four criteria that must be met, including:
- It must be proven that the statement made was false and defamatory
- The unprivileged publication of the statement to a third party, which means not the person who is being defamed
- If the defamatory matter is of public concern, it must be proven that there was fault amounting to at least negligence on part of the publisher
- There has to be damage done to the celebrity
The definition of damages in these cases is broad. For example, defaming a celebrity could prevent them from getting future work – or get them fired from their current job, which would result in financial damages. However, that is not the only way celebrities can claim damages. The most common for is a hurt reputation, which could have many implications on the future of a celebrity. Also, mental anguish can also be claimed as a basis for damages.
No matter what type of damages a celebrity incurs, it is important to understand the defamation law before filing a lawsuit, and an attorney who specializes in the entertainment industry could be a go to person for this matter.
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Defamation a Major Concern for Celebrities
Author: Scarinci Hollenbeck, LLC
Tabloids have been around for years, and many of them make money publishing stories about celebrities that stretch the truth.
In certain cases, celebs can take these articles and use them as basis for a defamation lawsuit against the tabloids.
Tom Cruise recently sued Bauer Publishing, which produces In Touch and Life & Style Magazines after the tabloids wrote that Cruise had cut all ties to his daughter after divorcing ex-wife Katie Holmes. The lawsuit was settled for an undisclosed amount.
Proving Defamation
In order for Cruise – or any other celebrity – to recoup damages from a tabloid, they first have to prove that the statement published was defamatory, which isn’t easy. Generally, there are four criteria that must be met, including:
- It must be proven that the statement made was false and defamatory
- The unprivileged publication of the statement to a third party, which means not the person who is being defamed
- If the defamatory matter is of public concern, it must be proven that there was fault amounting to at least negligence on part of the publisher
- There has to be damage done to the celebrity
The definition of damages in these cases is broad. For example, defaming a celebrity could prevent them from getting future work – or get them fired from their current job, which would result in financial damages. However, that is not the only way celebrities can claim damages. The most common for is a hurt reputation, which could have many implications on the future of a celebrity. Also, mental anguish can also be claimed as a basis for damages.
No matter what type of damages a celebrity incurs, it is important to understand the defamation law before filing a lawsuit, and an attorney who specializes in the entertainment industry could be a go to person for this matter.