MLRC EXAMINES COMPLAINTS FILED AGAINST THE MEDIA IN 2005

For Release: August 7, 2006

The Media Law resource Center has released its latest Complaint Study, which surveys and analyzes complaints filed against the media in 2005. The Study examines the types of cases filed, where they were filed, who is suing, and who is being sued, and provides a unique snapshot of the claims being brought against the media.

MLRC Executive Director Sandra S. Baron said, "The 2005 Complaint Study will be of keen practical interest to publishers and broadcasters, as well as the lawyers who represent them. The goal is to gain an understanding of the number and nature of lawsuits filed against media entities."

The Study is based on a sample of 397 complaints filed against the media in 2005.

Who sues?

According to the Study, corporations were the most common plaintiff, bringing 19.6 percent of the complaints against the media. Government officials – including elected officials, judicial officers, law enforcement personnel and candidates – were a close second, bringing 18.6percent of the complaints. Among government officials, judges were the most frequent type of plaintiff to sue the media.

The third most common plaintiff were criminal justice participants – lawyers and criminal defendants, bringing 15.1percent of the complaints.

Who’s sued?

The most common defendant were print publishers, named in 53.7percent of the complaints. Television and radio broadcasters were defendants in 43.1 percent of the complaints. Internet publishers were named in only 0.8 percent of the complaints.

Overall, newspapers were the most frequently named defendants, in 39.3 percent of complaints, followed by reporters at 25.7 percent. Television stations were defendants in 17.6 percent of the complaints, production companies in 16.4 percent percent, and programming services in 11.8 percent .

Why are they sued?

The most frequent activity leading to lawsuits was general reporting, accounting for 45.8 percent of complaints. Investigative reporting was second, representing 8.8 percent of complaints. Together, they were the basis for 54.7 percent of the complaints in the Study. Business relationships led to 8.3 percent of complaints, while advertising and promotion accounted for 8.1 percent of complaints in the sample.

What for?

Libel was by far the most frequent claim brought against media defendants, pled in 61 percent of the complaints. Invasion of privacy claims were brought in a third of the complaints, with false light claims leading the pack. Contractual claims were made in 18.4 percent of complaints, followed by emotional distress claims in 16.6 percent of cases and intellectual property claims in 13.9 percent.

More than a third of cases had libel and other claims in the same suit, with the most common additional claims being privacy, emotional distress and contractual claims. Other claims frequently paired with libel were simple negligence claims and conspiracy claims.

Where are they sued?

Almost three-quarters – 72.5 percent – of the 2005 complaints were filed in state court. California, New York and Pennsylvania were the leaders in complaints filed. While in federal court, the district courts in the Ninth Circuit had the most cases, followed by the Second Circuit.

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The Media Law Resource Center is a non-profit information clearinghouse organized in 1980 by leading media groups to monitor developments and promote First Amendment rights in the libel, privacy and related fields. MLRC has systematically monitored trends in libel and privacy trials and appeals since 1980, and its empirical data have been widely cited and reported in the media, in scholarly publications and in judicial opinions. MLRC’s studies have thus played a central role in the ongoing debate over the effect of libel claims on freedom of the press.

MLRC’s members include leading publishers and broadcasters, media and professional trade associations representing newspaper, magazine, newsletter and book publishers, broadcasters, journalists, authors, news directors and newspaper editors, and also media insurance carriers. MLRC’s law firm wing, the MLRC Defense Counsel Section, consists of over 200 member firms around the country and abroad with specialities in media and libel defense representation.

The MLRC Report is available free to the press from MLRC by calling (212) 337-0200. It is available to others for $35.

More information from the MLRC Report can be found at www.medialaw.org.

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For more information please contact:

Sandra S. Baron, Esq., Executive Director, Media Law Resource Center
(212) 337-0200 x 206  medialaw@medialaw.org