Political advertisements are notoriously loose with their view of the truth. They are selective with the facts they include and often slide dangerously close to unlawful content in their efforts to discredit the other side of the political aisle. Libel is a published false assertion that is harmful to someone by discrediting them in their profession, exposing them to contempt, causing them to be shunned, or lowering them in society’s eyes.

Because the First Amendment right to free speech largely protects the political realm from libel suits, successful libel lawsuits are fairly rare in politics. The standard of proof when a public figure sues a political rival for libel is that the statement in question was made with “actual malice,” which is very difficult to prove. However, just because libel suits are hard to win does not mean they are not filed, and that results in a costly and time-consuming defense process. Here are 5 helpful tips on how to avoid libel in the political arena.

1. Carefully Consider Connotations

Such words as “lying” and “immorality” imply dishonesty, and courts have occasionally decided that, depending on the circumstances, they can uphold a libel claim. Choose words wisely and ensure they don’t imply anything untruthful.

2. Use Caution When Writing

In the case of a libel lawsuit, the discovery phase may require providing the opposing party with relevant, non-privileged information. This could include all non-privileged documentation related to the political ad or strategy in question, such as letters, emails, texts, or notes. If these records reveal bias against the subject or lack of diligence in verifying facts, the chance of winning the lawsuit are severely damaged.

3. Thoroughly Check Sources and Facts

Independent corroboration of information is critical. A source with political differences may intentionally misrepresent facts to advance his or her agenda. Sometimes a source may accidentally provide false information. In the face of a lawsuit, confidential sources like government personnel could disappear or recant their statements. It’s important to personally verify accuracy of information rather than relying on others. 

4. Edit With Caution

Ensure that a hasty rewrite does not result in the wrong information going out. This includes all aspects of advertising and campaigns, including headlines, taglines, captions, and pull quotes. Promos or teasers for stirring audience interest should also be reviewed to ensure they are not defamatory or misleading. In addition, exercise caution in using generic video or stock photos that could be interpreted in an unfavorable way.

5. Communicate Carefully

If threatened with a libel suit, respond politely without admitting fault or error. Discuss the situation with a supervisor or attorney as soon as possible and follow the established organizational processes. 

The justification for avoiding libel in a political ad is not to avoid losing a lawsuit, but simply to avoid being sued. Steer clear of lawsuits by focusing on truth and accuracy, and by taking responsibility for verifying information and sources.

About PGUI 

Professional Governmental Underwriters, Inc., is a full-service risk management company dedicated to assisting public, educational and non-profit entities in the management of their professional liability exposures including educators liability insurance. We are dedicated to providing state-of-the-art professional underwriting management and loss control advisory services on behalf of our designated carriers. For more information, call us toll-free at (800) 586-6502. 

Social Title: How to Avoid Libel in Political Advertising and Strategy

Social Description: While libel suits are rarely successful in the political arena, the defense of a suit costs valuable time and money. Read for tips on how to avoid libel.