Libel Laws

Media law is a subject that all video production companies are expected to understand and follow to avoid costly lawsuits for all parties involved: the production company, the clients and their companies, the writers and the producers. In a previous post, we discussed permits and releases, and this post will cover libel, so you know what to be aware of before starting production.

In his book, Media Law for Producers, Philip Miller describes libel as written or publicized defamation, while slander is verbal defamation. In either wrongdoing, the act of distorting the truth is the cause for legal action. According to Miller, “five elements must be present to support a libel action: falsity, injury, publication, identification, and fault.”

Let’s look at a scenario to better understand these elements. Say you hire a video production company in the Vancouver area to create a promotional video for your new grocery store. In the video, one of the actors names a competitor (identification) and falsely accuses staff of selling apples full of worms (falsity). You post the video to Youtube (publication) and the competing store notices a huge drop in apple sales (injury). The owners see the video and take you to civil court because, you guessed it — you’re the bad apple (fault). You’re guilty of publicly injuring the reputation of a company by spreading lies about its truly delicious apples, which resulted in economic loss. Everyone involved in the creation and production of the video can be sued, including you, the client. Whereas the above example is quite obvious, other cases are not always so clear.

Miller advises that Libel laws differ from place to place, so check with a lawyer in your city for specific information. Also look for liability provisions if you’re signing a contract and ensure your video production company carries libel insurance to protect both you and your production from libel lawsuits.

Arming yourself with a bit of production knowledge and awareness will help avoid costly mistakes. We’re happy to consult on a no-obligation basis and answer any production questions you may have. Feel free to email us or call us at 604-374-5242.