Denver Media Lawyer | Ernst Legal Group

Media Lawyer in Denver

In the age of technology and digitalization, starting a rumor or spreading false stories about someone only takes a second. From YouTube videos to published news articles, anything can become viral overnight. And sometimes, falsified information can tarnish a person or business’s reputation. Fortunately, the media laws in Colorado prevent libelers and slanders from succeeding, and are required to pay compensation to the victim. This is why you should call our experienced media lawyer in Denver if someone has made libelous or slanderous actions against you or your business.

Media Laws for Defamation

Any spoken or written statement said to a third party about an individual or person that causes harm to their reputation falls under the category of defamation. The media is considered the number one source of the spread of falsified information as most of the remarks are either in the form of published articles, images, or videos. The victims can file a defamation lawsuit where they sue the person responsible for posting falsified remarks. However, media organizations aren’t held liable if a third person posts something on their website or media platform. For instance, if someone made a public post about an individual or company on Facebook, that person will have to face the consequences, not Facebook. On the other hand, media persons, such as anchors, journalists, and filmmakers, are protected from defamation claims as long as they make their remarks out of public concern. However, if they intentionally broadcast false information, they lose the conditional privilege and will have to face dire consequences.

Defamation and First Amendment

Of course, everyone has a right to their opinion as per the First Amendment law. However, if the opinion is presented as a fact, it classifies as a defamatory comment, and depending on the underlying situation, the defendant may be penalized. But before the case proceeds, the plaintiff is required to provide proof that the media content posted caused damages. This is only required for defamation per quod cases. In defamation per se, the remarks are derogatory themselves, so no evidence is needed. For instance, if someone accuses the plaintiff of a crime or fraud, then it falls under per se.

But if a statement does not highlight how it can cause emotional, mental, or monetary damage to a person or business, the plaintiff is required to provide proof of damage for the court to proceed further with the case.

Find a Media Attorney at Ernst Legal Group

You find the best media lawyer in Denver for fighting a defamatory lawsuit at Ernst Legal Group. We provide complete legal aid to ensure the protection of your media laws in Colorado. Get in touch today by calling (720) 798-3667. You can also send us an email at dan@ernstlegalgroup.com for more details.

Frequently Asked Questions

Why is it crucial to consult a media attorney in Colorado for defamation cases?

Consulting a media attorney in Colorado is crucial because local laws and regulations directly impact the strategy and success of your defamation case. Our Denver-based media lawyers are equipped with the knowledge and experience to navigate these local nuances and provide the most effective legal representation.

Can Ernst Legal Group's media attorneys in Denver handle cases related to social media and online platforms?

Yes, our media attorneys are proficient in handling legal issues arising from social media and other online platforms. Whether it's a defamatory post or a privacy concern, we are ready to address these challenges, ensuring compliance with relevant laws and regulations.

How does Colorado’s anti-SLAPP statute affect defamation cases involving news reporting or online speech?

Colorado’s anti-SLAPP law lets a defendant file a special motion to dismiss claims that target speech on matters of public concern. Filing the motion can pause discovery and create an early merits screen to protect First Amendment activity. If the defendant prevails, the court must award reasonable attorney fees and costs, which can change settlement leverage. The statute also permits immediate appellate review of certain rulings, so timing and record building matter. Recent appellate decisions apply the law to defamation and related torts that arise from public advocacy and media statements. You should evaluate anti-SLAPP strategy at the outset of any media-related suit.

What is the difference between public figure and private individual standards in defamation law?

Public officials and public figures must prove actual malice, meaning the speaker knew a statement was false or acted with reckless disregard for truth. This heightened standard comes from New York Times v. Sullivan and protects robust debate about those who influence public affairs. Private individuals generally need to prove at least negligence, and some damages limits apply unless fault is higher. The Supreme Court in Gertz clarified that states may not impose strict liability for defaming private persons. Courts look at access to channels of communication and voluntary assumption of prominence when deciding status. Your litigation plan should assess whether a plaintiff is public or private before drafting claims or defenses.

Are social media platforms liable for defamatory posts made by users?

Section 230 of the Communications Decency Act generally shields interactive computer services from being treated as the publisher of user content. This immunity often bars state-law defamation claims against platforms for third-party posts. Platforms can still face liability for their own content or for federal crimes, so the facts matter. Plaintiffs typically must sue the original speaker rather than the host site. Litigation strategy should separate claims about hosting from claims about original creation or development of content. Courts and statutes continue to refine the boundaries, but Section 230 remains a central defense in online defamation cases.

What steps should I take if I believe my rights under media law have been violated?

If you believe your rights have been violated under media law, the first step is to contact us. We will provide a thorough assessment of your case, offer detailed legal advice, and outline the best course of action to defend your interests and pursue any necessary legal actions.

Additional Information in Denver, Colorado

Colorado Bill on Politicians Blocking Social Media Users: This article discusses a recent Colorado law that allows politicians to block social media users under certain conditions, exploring its implications and potential constitutional challenges.

Colorado Anti-SLAPP Law: Provides a detailed overview of Colorado's laws protecting individuals from strategic lawsuits against public participation (SLAPP), which can be crucial for those involved in media law.

Colorado Revised Statutes - Title 13, Article 25, Section 13-25-125.5: This section from the Colorado Revised Statutes provides specific legal language on libel and slander, including conditions under which such claims can be brought forward in Colorado.

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Denver Media Attorney