Avoiding Extra-sensitive Defamatory Statements in Documentaries

Steven C. Beer is an accomplished media and entertainment attorney in New York City. A recognized Super Attorney since 2006, Steven C. Beer has spent more than six years as partner at Franklin Weinrib Ruddell and Vassallo (FWRV).

The FWRV firm has five decades of experience supporting documentary filmmakers through every phase of production, from financing to distribution. Through the firm’s documentarytoolkit.com site, filmmakers can access information on multiple business and legal topics. Legal compliance, for example, is one of the most critical aspects of filming and producing a documentary, particularly in regard to defamatory statements that may have been caught on film.

Statements that can be termed as “defamatory on their face” do not require a plaintiff to demonstrate negative impact to his or her reputation in order to win a lawsuit. While defamatory statements should be avoided altogether, particularly inflammatory statements should be completely excised from footage in order to avoid a lawsuit that can hamper distribution and release of a film.

Especially defamatory statements generally fall under one of eight basic categories. Inferring or stating that an individual has a serious or highly contagious disease, for example, is likely grounds for an extra-sensitive defamatory lawsuit. Accusatory statements must be vetted very carefully by film crews, as such claims also may be grounds for defamation. Claims of sexual misconduct, racial or religious bigotry, or criminal involvement are particularly incendiary.

To learn about all categories of extra-sensitive defamation, contact a respected media and entertainment attorney.