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  1. #1

    Question Who Is Liable - The Newspaper Or The Author

    If something deemed libelous is posted in the newspaper about a politcal candidate, who is financially responsible? The corporate entity that owns the publication? The publisher? The author of the article in question? All or some of the above? My political cartoon is going to be published locally and I'm wondering if there is any possible liability hanging over my head as the author of said cartoon.

    Thank you.

  2. #2
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    Default Re: Who Is Liable - The Newspaper Or The Author

    This is in the U.S.? If so, you probably don't have a reason to worry. The "Times v Sullivan" standard applies, which makes it extremely difficult for a public figure to successfully sue a newspaper for libel, and a political cartoon is satire at thus has additional latitude to poke unfair fun at somebody.

    I am not aware of any significant newspaper that does not have a legal department which will review questionable articles and content for liability issues before publication, so if you're really worries ask if they ran it past legal.

    As for the specific question, under ordinary circumstances the author and newspaper would both be liable (but the plaintiff would typically be most interested in the newspaper, because that's where the money is). The newspaper and the corporation that owns it are the same entity (unless the newspaper is a subsidiary corporation, but now we're getting unnecessarily complicated).

  3. #3

    Default Re: Who Is Liable - The Newspaper Or The Author

    Thanks Aaron!

    Now if only I could muster the fortitude to post these on my own web site... They are often off-color and are not always in "cartoon" form, so I fear litigation. The one that is getting published in the local paper is the "nicest" one I've ever done...

    Any thoughts? I'd love to have my own little satirical web site. I've done some preliminary research and I've read that I could be sued in any jurisdiction in the world. Does this mean that anyone I make fun of can sue me for libel from whatever jurisdiction favors them?

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