Are statements made in the media protected by defamation law?

Yes, statements made in the media are generally protected by defamation law in California. To be considered defamation, the statement must be false and must tend to harm a person’s character, reputation, or property. Such a statement must be published to be actionable, and the media (such as newspapers, radio, television, magazines, or online publications) typically qualify as publishers. In California, public figures have to prove that the media made the statement with "actual malice" (purposely trying to harm them) in order to sue for defamation. Private figures, or people who are not public figures, may have the easier task of showing that the media was merely negligent in publishing a false statement. The media also enjoy some protection from defamation law in California. They are allowed a wide range of expression in matters of public concern. This means that their statements should be judged by a higher standard than those of a private person. In addition, the fair report privilege allows media outlets to report on what is said in public proceedings and court documents. On the whole, then, statements made in the media are protected by defamation law in California. There are exceptions, however, such as when a statement is false and the media did not take reasonable steps to verify its accuracy. In these cases, a person may be able to sue for defamation.

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