Socratics

Socratic Law Issue 3

Mass Communication Law

09/17/06

Neutral reportage recognizes as a First Amendment principle the notion that the free flow of information and ideas is an important value. Sometimes, the news value lies not in whether the accusation is true, but simply in the fact that it was made. According to neutral reportage, the news media should not be restrained from merely reporting the accusation, as long as the reporting is done in a fair, objective, and balanced way. Even if there are doubts about the veracity of the facts, the neutral reportage doctrine can provide a successful defense.

The wire service defense is similar to the neutral reportage doctrine. It also provides a defense for republication, on the condition that the reporting meets certain standards. In a time where news media rely heavily on news services, this defense is very useful. The wire service defense holds that the accurate republication of a story provided by a reputable news agency does not constitute fault as a matter of law. It has only been accepted in a limited number of jurisdictions.

Neutral reportage can be more acceptable as a defense than the wire service defense, because it relies on the First Amendment as its base. For example, if the story is newsworthy and related to a public controversy, or the charge is about a public official, public figure or public organization, neutral reportage is a viable defense based on the First Amendment. In short, if the reporting is neutral, the doctrine can be used as a defense.

The wire service defense is not without its merits, but it lacks the opportunities for defense that neutral reportage gives. Its sole argument is based on the fact that the information came from a news-gathering agency, and that the material was not known to be false at the time of publication. In this case, the defendant basically pleads ignorance. News organizations need to take their time, and verify that the information coming in is accurate.