readily suggest themselves to every one.
The successful defense of libel suits depends largely on having clear
and trustworthy proof of the facts sought to be sustained promptly at
hand as soon as the suit is brought.
Any metropolitan newspaper that deserves the name finds itself compelled
every day to publish matter that is defamatory in character. Otherwise
there would be no journalistic records of crimes or of a large portion
of the other occurrences in which the public is interested. The
publisher's concern in that particular is a double one--that whatever of
that nature is published in his newspaper should be _true_ or
_privileged_ and that there should be clear _proof_ of the truth or
privilege.
Every newspaper writer frequently finds himself called upon to deal with
such matter. If it is the report of a trial in court, he need have
regard, so far as his report is concerned, to four points: (1) that the
judicial or official proceedings have been already begun in open court;
(2) that his report of the testimony, etc., or synopsis of the sworn
papers is fair and impartial; (3) that he knows where he can put his
hands on the official records to sustain the privilege at any time; and
(4) that both sides are similarly published.
If the matter is defamatory and not privileged in any way, then the
utmost care before publication with regard to the proof of its truth
will be the only safeguard against libel suits.
The publication of such matter on the authority of any person's mere
word, however truthful, trustworthy and careful that person may be
believed to be, will always be attended with danger. The statements may
be entirely true, and yet the giver of the information when called upon
may not be able to furnish the proof. If he is, probably he could
furnish it as well before as after publication.
The only absolutely certain way for any newspaper writer to avoid all
risk of this sort is for him to furnish for publication such defamatory
matter only as he can sustain by his own testimony as an eye-witness, or
such as he has seen the proofs of before writing the article.
The almost certain result will be to prevent the bringing of a libel
suit--the first consideration in this connection. If, on the other hand,
a libel suit should be brought, the writer would be able to furnish the
publishers with the best means of defense, namely, proof of the truth of
the publication--which is of next importance.
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