• Skip to main content
  • Skip to secondary menu
  • Skip to primary sidebar
  • Skip to footer

Gateway Journalism Review

Published continuously since 1970

  • Email
  • Facebook
  • Phone
  • Twitter
  • Home
  • About GJR
  • News
    • Police Accountability Project
    • Midwest
    • Opinion
    • Media
  • Print issue
  • First Amendment Celebration
    • Watch: 11th Annual First Amendment Celebration

Iowa’s media/non-media distinction in libel law could be trouble for bloggers

May 16, 2013 by Eric P. Robinson

image_pdfimage_print
Editor's note: This is a preview of an article that appears in the spring 2013 print issue of Gateway Journalism Review.

In mid-January, the Iowa Supreme Court decided to maintain the distinction in Iowa state law between “media” and “non-media” defendants in defamation cases, with the latter easier to sue for some types of libel. In Bierman v. Weier, the court said the distinction is “a well-established component of Iowa’s defamation law.”

The decision raises the question of whether bloggers would get the greater protection of media companies or the lesser protection of non-media defendants.

The Iowa court retained the distinction in the context of “libel per se” cases. These cases involve statements that the law deems to be inherently defamatory, so that the plaintiff does not have prove actual harm to his or her reputation. Traditionally, examples of such statements include those saying that someone has committed a crime, is sexually promiscuous or has a “loathsome disease.”

The Bierman case is a libel suit

Agora Health Limited

based on Weier’s memoir, “Mind, Body and Soul,” which focuses on Weier’s personal transformation after his divorce from plaintiff Beth Weier. Scott Weier paid vanity publisher Author Solutions Inc. $3,183.81 to design and print 250 copies of the book, and he distributed 20 to 30 copies to friends, family, and local businesses. In addition, three copies were sold through Author Solutions’ website, and one sold through Amazon.com. The rest of the books are in storage.

One of the statements from the book that was at issue in the case alleged that the author’s ex-wife suffered from mental illness because her father, plaintiff Gail Bierman, had molested her as a child. The father’s suit against Scott Weier alleged that this statement claimed he had committed a crime – molestation of his daughter – and was thus libel per se.

Under Iowa law, the court said, “[w]hen the defendant is a media defendant … presumptions of fault, falsity, and damages are not permissible, and thus the common law doctrine of libel per se cannot apply.” So the question became whether Scott Weier and Author Solutions were media defendants.

zp8497586rq

Author

  • Eric P. Robinson

    View all posts

Share our journalism
           

Filed Under: Media Tagged With: law, media

Archive of St. Louis Journalism Review

The St. Louis Public Library maintains an archive of our collection when Gateway Journalism Review was the St. Louis Journalism Review.

Primary Sidebar

Sign up for our weekly newsletter!

Don't miss original stories about local journalism happening between the coasts. We deliver media news from the Midwest to your inbox every Thursday afternoon.


By submitting this form, you are consenting to receive marketing emails from: Gateway Journalism Review, SIU Carbondale School of Journalism, Carbondale, IL, 62901, http://www.gatewayjr.org. You can revoke your consent to receive emails at any time by using the SafeUnsubscribe® link, found at the bottom of every email. Emails are serviced by Constant Contact
No audio track to show. (Invalid input URL)

Life After Journalism


IRE Radio


Illinois News Broadcasters


Footer

11th Annual First Amendment Celebration featuring Evan Osnos

https://vimeo.com/704150392?loop=0

10th Annual First Amendment Celebration featuring Claire McCaskill

https://www.youtube.com/watch?v=vwtrmyauuBA

Listen to GJR’s Founder

Become a sustaining member or associate of GJR with a recurring or one-time donation that supports our journalism.

Copyright © 2023 · Magazine Pro on Genesis Framework · WordPress · Log in