Are the tabloids immune to defamation lawsuits?
If so, what protects them?
Answer:
THIS IS NOT LEGAL ADVICE and is not to be construed as such.
No, they are not immune from defamation. However, in cases of tabloid, it is harder for the plaintiff to win defamation suits as opposed to ordinary defamation suits. Tabloids usually print information about public persons.
Ordinarilly, in order for a plaintiff to prevail on a defmation claim, the plaintiff must prove (1) a defamatory statement concerning a living plaintfif, (2) communicated to a person other than the plaintiff, (3) intent, and (4) sometimes damages depending on the circumstances. The intent usually required is, at least, negligence. However, when the claim involves a public person, such as a celebrity, the US Supreme Court has required that the plaintiff prove that the defendant acted with malice (reckless disregard for the truth) and falsity. In other words, it is harder to prove defamation if it involves a public person.
Also, under the common law, there are 3 defense available to defamation: (1) consent, (2) truth, and (3) qualified and absolute privilege.
Additionally, tabloids are sued all the time for defamation. The majority of those suits are settled. Furthermore, lawsuits costs money, lots of money. Sometimes, it's just not worth the cost to sue.
They are not immune, but to meet the definition of defamation, what they print must be untrue, but believable, and damaging.
If untrue but unbelievable, they haven't really defamed anyone.
Take Tom Cruise - if they print that he is a space alien, it's unbelievable. If they print he is gay, he wins the defamation suit.
For the most part they are, but they have been sued and the star bringing suit has won. Freedom of the press protects them, even tabloid trash is "the press".
No they are not, the problem lies where the truth comes out and the person files a frivolous law suit, as long as they spew the truth it is perfectly fine no matter how embarrassing or humiliating it is!
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