Could an Athlete Sue a Reporter for Libel?
Can you remember the first time you read or watched someone publicly criticize you? Professional athletes are criticized all the time; it's part of the territory. As your career progresses, you learn to tune out the media as background noise which has no viable impact on your performance.
However, every now and again, especially if you hear something particularly vicious in a gossip web site or blog, you think about suing for libel. To say the least, suing for libel is an uphill battle - especially if you are a professional athlete, and therefore considered a public figure who is open to criticism and commentary. Under Florida law, in addition to proving the falsity of the statement, you also have to prove that the person who published the falsehood did so with "actual malice" - meaning that he wanted to harm you.
Next, you have to show that you suffered actual damages from the falsehood. Did a meet director read or hear the statement, and then decide not to invite you to the meet? Did a general manager see the statement on TV, and then decide not to make you an offer?
If you think you have proof of the "actual malice" and "actual damages" necessary to maintain a libel lawsuit, consult a qualified attorney before taking any action. Many states, including Florida, have specific conditions precedent necessary to follow before filing suit, such as giving the newspaper an opportunity to retract the statement.
The recent defamation lawsuit filed by former NFL quarterback Sean Salisbury provides some guidance on when to sue for defamation. Salisbury alleges that the blog which wrote about his alleged exploits intentionally tried to harm his reputation. This lawsuit also demonstrates the distinction between so-called mainstream media and blogs. While the demarcation line between what is, and what is not, a legitimate news site has been blurred, it may be easier to prove defamation against a blog than against a newspaper. It will be interesting to see what happens as Salisbury's lawsuit progresses. (The Wall Street Journal offers its take on defamation lawsuits by sports personalities here).
Another option is to simply stop talking to the press, but that strategy rarely benefits the athlete; instead it only makes the athlete (or coach) look like a bully.
