Media Defamation Losses Hurt All Journalists

The public’s loss of trust in journalism stems partly from the deep ideological divisions within the United States. Another significant factor is the damage media organizations have inflicted on themselves. Three defamation cases illustrate how lapses in journalistic standards can result in costly consequences, both financially and reputationally, for all journalists.

Late last year, ABC News settled a defamation lawsuit brought by then-President-elect Donald Trump. Trump sued the network after anchor George Stephanopoulos incorrectly stated that Trump had been found civilly liable for “raping” writer E. Jean Carroll. That wasn’t the jury’s finding.

As part of the settlement, ABC News agreed to contribute $15 million to Trump’s Presidential Library and $1 million to his attorneys. The network also posted a public statement of regret on its website. The settlement was expensive and a highly embarrassing blow to Stephanopoulos and ABC News.

This month, a Florida jury ruled that CNN defamed U.S. Navy veteran Zachary Young. The case revolved around a 2021 story describing Young’s business as part of a “black market” for evacuating Afghans after the Taliban seized control of Afghanistan. Young’s attorneys successfully argued that the term “black market” implied illegality and harmed his business.

The jury awarded Young $5 million in compensatory damages. Before the punitive damages phase of the trial could conclude, CNN and Young reached an undisclosed settlement. Discovery during the case revealed damaging internal CNN communications about Young, a cautionary tale for editors and journalists. Such records can quickly convey the impression of a newsroom targeting an individual unfairly.

Prince Harry’s lawsuit against Rupert Murdoch’s British tabloids also highlights the repercussions of unethical journalism. The Prince sued after uncovering evidence of phone hacking, surveillance, and misuse of private information. That case ended with Murdoch’s News Group Newspapers issuing an apology and agreeing to pay Prince Harry an undisclosed amount in damages.

Murdoch is no stranger to high-profile defamation settlements. In 2023, Fox News agreed to pay Dominion Voting Systems $787 million after airing false claims that the company’s voting machines contributed to Trump’s 2020 election loss. Another election technology firm, Smartmatic, is pursuing a similar lawsuit against Fox News, which remains unresolved as of this writing.

These cases underscore fundamental lessons in journalism: 1) Integrity begins with accuracy. Get the facts right the first time. 2) Precision in language is essential. Avoid terms that could mislead or mischaracterize. 3) Be careful of all internal newsroom communication, notes, emails, texts, etc. 4) Breaking the law to gather news destroys trust and credibility.

The facts behind these cases should serve as a wake-up call for journalists—especially in an era when many in the public view the media as a unified “cabal of nattering nabobs of negativism.”* Maintaining integrity is far easier than regaining it.

Next week: How these defamation cases could impact journalism in Florida.

*While it is often reported that Vice President Spiro Agnew referred to journalists as “nattering nabobs of negativism,” research by the University of Florida’s Norm Lewis indicates Agnew used the phrase to describe critics of President Nixon during the 1970 midterm election campaign—not journalists.

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