Michigan's Fair Reporting Privilege Shields Firm From Tort Liability Stemming From Internet Libel Claim

The US Court of Appeals for the 6th Circuit affirmed the decision of a lower court holding that Michigan's statutory fair reporting privilege can shield tortfeasors from liability involved in the posting of allegedly libelous court documents on the Internet, provided that no additional false or libelous statements are added to the posting. The case stems from the posting on the Internet of a complaint, i.e. a copy of the court document outlining the claim, filed in a Texas court by Proctor & Gamble (P&G) against Amway Corporation (Amway).  The complaint was posted by a consultant retained by P&G for litigation purposes and who had independently obtained the document. While Amway did not dispute that a verbatim reproduction of the documents on the consultant's web site would qualify for privilege under the Michigan fair reporting statute, it argued that the creators of the complaint, namely P&G and its lawyers, could not rely on the fair reporting privilege.   The court rejected this argument. The Court held that under the Michigan statute, damages are not to be awarded for the publication or broadcast of a fair and true report of matters of public record, provided that no additional libelous material is added to the report.   The alleged libel was contained in the actual complaint and there were no libelous statements added by P&G or the law firm to displace the privilege. For a copy of the decision, see: http://laws.findlaw.com/6th/03a0360p.html. To view the fair reporting provision [MCLA § 600.2911(3)], visit: http://makeashorterlink.com/?C51C21276. Summary by:   Colin Adams