MLRC | News / Press Releases

There were only six trials in 2007 with libel, privacy and related claims based on the gathering and publication of information to the public, according to the 2008 Report on Trials and Damages released this week by the Media Law Resource Center (MLRC).

One of the six trials in 2007 ended with a mistrial, leaving only five verdicts in 2007: the lowest number of verdicts in a single year since the MLRC Report began in 1980. Media defendants won four out of five verdicts, continuing the trend of increasing success rate in trials.

The MLRC Report is an ongoing study of libel, privacy and related claims against media defendants, showing the results and trends in this area of First Amendment litigation in trials from 1980 to the present.

"The record low number of cases in 2007 is a continuation of a long-term downward trend in the number of cases since 1980," said MLRC Executive Director Sandra Baron. "Our data consistently also show that there is a relatively low percentage of victories for plaintiffs at the end of the legal process. Since these lawsuits take up enormous time and expense from news organizations, a divert them from their work providing information to the American public, these trends are positive developments."

Overall since 1980, there have been 557 trial verdicts. Media defendants won 229 of these verdicts, or 41.1 percent

Overall, in the end defendants totally won – meaning that plaintiffs ended up with no damages after trial and any post-trial motions and appeals – in 55.9 percent of trials (318 of 569).

Plaintiffs fully won 19.5 percent of cases (111 of 569), meaning that the initial damages amount awarded to them after trial survived post-trial motions and appeals, if there were any, intact. partially won 7.4 percent of cases (42 of 569); this means that plaintiffs walked away with some damages, but less than the amount initially awarded at trial. The average of final awards after post-trial motions and appeals in cases that were not settled, was only $556,000, while the median of final awards is $100,000.

There were settlements in the end of 13.2 percent of cases (75 of 769). Forty-seven of these settlements – 62.9 percent of the settlements – occurred after verdict and post-verdict motions, but before any appeals. Cases involving public officials as plaintiffs appear to be least likely to settle; those with private figure plaintiffs are more likely to settle. For the 18 settlements where the settlement amount is known, the average settlement amount was $2.5 million, although the median was only $325,000.

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 215 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 Report can be found at www.medialaw.org.