Correction Act in Force EARCH Recover Reputational Or Presumed Damages Under the New Law Upon Receiving a Com- As Publisher of New Law, Its Effects at Trial
Total Page:16
File Type:pdf, Size:1020Kb
THE WASHINGTON NEWSPAPER Vol. 98, No. 8 August 2013 TWJournal of the WashingtonN Newspaper Publishers Association and Allied Daily Newspapers of Washington • www.wnpa.com WORK BEATS/S OURCES AD TEAM DYNAMICS TALKING • OCT. 3-5 • RED LION HOTEL • OLYMPIA • storY, page 6ETHICS • MONEY MAKE RS WE B CHANGES REPOR TER PHOTOS RED LION HOTEL 2300 Evergreen Park Dr. | Olympia WA 98502 | (360) 943-4000 C ONTACT: , OLYMPIA Washington Mae N Waldron, [email protected] • (206) 634-3838 ext 2 ewspaper Publishers AssociationHyde • PO Box 29 Olympia WA 98507 • www.wnpa.comback clarification before (or at the time of) filing based on an allegedly false statement, you Firm gives summary a lawsuit. One who fails to do so cannot should immediately consider your options Pulse RES Correction act in force EARCH recover reputational or presumed damages under the new law upon receiving a com- as publisher of new law, its effects at trial. The statute applies not just to defa- plaint about such a statement, coupled with By BRUCE E.H. JOHNSON mation lawsuits, but to any claim targeted any request that you publish or air a correc- and AMBIKA KUMAR DORAN at an allegedly false statement. And perhaps tion or clarification. A lawsuit satisfies this in omShelton Hyde, former pub- Davis, Wright Tremaine LLP, Seattle most notably — unlike most state retraction requirement. laws — it expressly applies to all electronic lisher of the North Coast n July 28, 2013, Washington’s What do you do upon receiving a re- News in Ocean Shores, is publications. quest for correction or retraction? Within T version of the Uniform Correction This piece provides a brief summary of the new publisher of the Mason or Clarification of Defamation Act thirty days of receiving the request, you County Journal in Shelton. O the law and the key factors a publisher or must either (1) issue a correction or clarifi- took effect. Designed to give incentives to broadcaster should consider upon receiv- He published the North Coast publishers and prospective libel plaintiffs cation or (2) ask the complaining party for News for a decade before sell- ing a complaint that a broadcast or article evidence of or information supporting his to settle their disputes before litigation, the ing the weekly newspaper to contains a false statement. or her claim that the statement is false. statute creates a framework that requires What triggers application of the law? Stephens Media Group in 2005. a plaintiff to request a correction or Because the statute applies to any claim See LAW, page 4 He joined the Mason County Journal staff on August 1, and reports the newspaper has a strong team and is receiving HEIGHTS OF EXCELLENCE positive feedback from readers on the new tall-tab format, also called a “supertab,” a change made about five months ago. “This newspaper has a storied past, and I am honored to have the opportunity to be the pub- lisher, “ Hyde said. Hyde has been a Mason County resident for the past 12 years. Since selling the North Coast News, he has divided his time between building his home, office and shop in rural Mason County and freelance photog- raphy, writing and research services. His photography has been published in Seattle City Arts magazine, Le Monde in Paris and the national literary publica- tion the Sun Magazine, among others. He also played a role in the creation of the online photography showcase, Burn Magazine, curated by Magnum and National Geographic pho- tographer David Alan Harvey. Hyde comes from a newspa- per family. His father, Nelson Hyde Jr., was assistant manag- ing editor at the Richmond (Va.) News Leader and Richmond John Hanron/Methow Valley News, Twisp Times-Dispatch. His grandfa- Six-foot-tall Allium porrum — leeks — stood starkly against the Mazama sky when Hanron shot this first place ther, Nelson Hyde, was a White winner for the Methow Valley News in Twisp. His photo came in first among Circulation Group II newspapers in the Color Pictorial Photo category in the 2012 Washington Better Newspaper Contest. See HYDE, page 8 Editor movescontinues up theMcClatchy Newspapers.ladderMcLean at got antwo early start weekliesLee, who left in October to McLean takes helms to report McLean joined the Gateway in the newspaper business. take over as the circulation to Karen as editor in March 2007 and in As a high school senior, he manager at the Fort Worth at Peninsula Gateway Peterson, August 2011 assumed the same worked part-time as a sports Star-Telegram. Lee served as executive role at the Herald. staffer at his hometown paper, the vice president of circula- and Puyallup Herald editor and He had been the sports editor the Peninsula Daily News in tion for the Tribune and the rian McLean, editor vice presi- at the Gateway for two and a Port Angeles. He was a sports of Peninsula Gateway dent of news half years when he left the paper stringer for The Associated Press Olympian; the publisher role Bin Gig Harbor and the of the News in November 2005 to cover and the Spokesman-Review for the weeklies was an added Puyallup Herald, has been Tribune in Brian prep sports and write occasional while a student at Washington responsibility. promoted to publisher of the Tacoma. McLean Mariners and Seahawks stories State University. He and his wife, Stacie, have two weekly newspapers. He All three publications are for the Olympian. McLean succeeds Christian a 4-year-old son, Mason. 2 AUgUsT 2013 TWN Onews istoday’s swirling these whilecard: others Nationalmonths of AP phonesecurity records for receiving vs. the rightinformation. A toAppeals know ruled that New York days around a complex saw it as a for as many as 20 reporters and quick series of jabs by free press Times reporter James Risen Nmix of national security plus for public at multiple AP offices while advocates and media officials must give take the stand at the issues, leaks of classified infor- knowledge – investigating leaks. AP chief lead White House officials to trial of a former CIA agent being mation, and First Amendment but down goes Gary Pruitt called the seizures backpedal. President Obama prosecuted for leaking of state protections for a free press amid the proposed “unconstitutional” and said al- declares first that he supports secrets. The court said “there is the new world of digital journal- “Free Flow of ready some sources are backing the First Amendment, and later no first amendment testimonial ism. Let’s use some terminology Information away from his reporters. DOJ decries any attempt to “criminal- privilege, absolute or qualified, from a heavyweight boxing Act.” takes it on the chin. ize” news reporting. Obama also that protects a reporter from bout to track this “match” pitting Round Gene Later “rounds” are harder to announces White House support being compelled to testify … in the needs of national security Three: In Policinski score. for a revived federal shield law, criminal proceedings.” against the public’s “right to Spring 2010, vsenior ice Round Five: The bout is despite its opposition to the Round Nine: As July ends, know”: U.S. Army president, fully joined in late May and near-identical 2009 proposal. there is a series of developments Round One: Score it for the Pvt. Bradley First Amendment into June with a series of major Round Seven: Jabs and that is tough to score. Manning Obama administration, which Manning is Center disclosures by former low-level roundhouse swings at the is convicted July 30 of violating came out of the corner fighting arrested on NSA analyst Edward Snowden government over the AP records the Espionage Act, and could be against leaks early in the first charges of giving more than of a massive National Security seizure and the Rosen affair sentenced to as long as 36 years term – by this year, bringing 700,000 State Department Agency program that provides produce an invitation in mid- in prison. But he’s acquitted on more prosecutions under the cables, terrorism detainee access to the “meta-data” of mil- June from Attorney General Eric the charge of aiding the enemy. Espionage Act than ever before. assessments, combat logs and lions on American phone calls Holder to major news outlets Still, a flurry of news reports Just that fact alone alarms those videos to WikiLeaks – the and e-mail – but, the govern- to discuss long-standing rules raised the idea that the convic- who see whistleblowers and an largest such leak in U.S. his- ment said, not to the content of within the Justice Department tion – combined with continuing independent press as the ulti- tory. Manning will go to trial in the calls or messages. Snowden governing attempts to get jour- zealous efforts elsewhere by mate watchdog on government three years later, facing more begins a global trek to avoid nalists’ files or other records. the Department of Justice – will actions, particularly those done than 130 charges ranging from U.S. authorities, eventually lead- The meeting is off-the-record, so “chill” whistleblowers and scare in secret. theft to “aiding the enemy,” ing to Moscow. some journalists will not attend. them away from talking with Round Two: Government which could mean life in prison. Round Six: In punches to Still, updated guidelines revising journalists. Government round, clearly. the journalistic gut, it’s revealed Watergate-era rules are set out in takes this one, on a mixed card. Round Ten: In the U.S. Round Four: in May 2013, that as part of an investigation early July, offering more protec- Just as a shield law long-sought House, the NSA data surveil- The Associated Press threw of a 2009 leak, a search warrant tion to news media.