Tag: freedom of press

Given George Stephanopoulos’ Carelessness, ABC’s Defamation Settlement With Trump Seems Prudent

Posted on by Lone Candle

“In an interview with Rep. Nancy Mace (R–S.C.) on ABC’s This Week last March, host George Stephanopoulos repeatedly and inaccurately asserted that Donald Trump, now the president-elect, had been “found liable for rape.” A week later, Trump sued ABC and Stephanopoulos for defamation in the U.S. District Court for the Southern District of Florida, noting that a jury had deemed Trump civilly liable for “sexual abuse,” not “rape.” Over the weekend, ABC News announced that it had reached a $15 million settlement with Trump in the form of a contribution to Trump’s presidential library. ABC also agreed to cover $1 million in Trump’s legal expenses.
The settlement is highly unusual in the annals of Trump’s many lawsuits against news outlets, which typically feature claims with a much weaker legal and empirical basis. Some Trump critics explicitly or implicitly faulted ABC for folding, saying its decision is apt to have a chilling impact on journalism. But any such threat can be mitigated by applying normal standards of journalistic care—standards that Stephanopoulos conspicuously failed to uphold in this case.

In his interview with Mace, Stephanopoulos was talking about two cases involving the journalist E. Jean Carroll’s allegation that Trump sexually assaulted her in a department store dressing room in the mid-1990s. In one case, a New York jury last year concluded that Carroll had proven, by a preponderance of the evidence, that Trump had “sexually abused” her. The jurors also agreed that Trump had defamed Carroll by calling her a liar and awarded her $5 million in damages. But they expressly concluded that Carroll had failed to prove Trump had “raped” her.”

https://reason.com/2024/12/16/given-george-stephanopoulos-carelessness-abcs-defamation-settlement-with-trump-seems-prudent/

How a Judge in India Prevented Americans From Seeing a Blockbuster Report

Posted on by Lone Candle

“the news agency Reuters published an eye-opening cybersecurity investigation bylined by Washington-based reporters and full of news of interest to Americans. But Americans aren’t allowed to read the story anymore — by order of a court in India.
It’s a disturbing turn of events that couldn’t have happened in the pre-internet era, when publishing — and censorship — were largely local affairs.”

…

““If you are the Iowa Daily Beagle, and you publish a story that upsets some company in India, that company can go to an Indian court and get whatever injunction they want,” said Charles Glasser, who spent 12 years as the global media counsel for Bloomberg News and is the author of a book on international libel law. “But if the Iowa Daily Beagle has no assets in India and does no business in India, they can’t do much. It becomes more of an issue for international publishers, like Reuters. They certainly have resources there, and they are subject to the jurisdiction of the Indian court.”

Of course, Glasser notes, publishers have the ability to geofence content, making it so that an American reader can access a certain page while an Indian reader cannot. But that can backfire. Particularly in a country with historic reasons to be prickly about Western condescension, a judge is likely to take it as a sign of disrespect if an order is ignored beyond the border — not a good move if you are facing trial.

The upshot: Readers in America, where prior restraint is forbidden and where courts won’t enforce foreign rulings that violate the First Amendment, are blocked from reading a story based on a legal complaint that would be tossed out of most American courts.”

https://www.politico.com/news/magazine/2024/01/19/india-judge-reuters-story-00136339