Public figure status and failure to request retractions in damage compensation disputes against tabloids

Manojlović, Savo (2024) Public figure status and failure to request retractions in damage compensation disputes against tabloids. In: Causation of damage, damage compensation and insurance : Proceedings from XXVII international scientific conference. Institute of Comparative Law, Belgrade; Valjevo, pp. 153-164. ISBN 978-86-82582-21-2

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Abstract

This paper explores the legal complexities surrounding public figures and the request of retractions in damage compensation disputes against tabloids. The study focuses on two primary legal questions: whether the heightened scrutiny public figures face justifies a more lenient approach to media liability, particularly in the context of tabloids, and whether the failure to request a retraction by the harmed individual should serve as a mitigating factor for the media in legal disputes. Through a detailed analysis of both theoretical perspectives and relevant case law from the European Court of Human Rights and the U.S. Supreme Court, the paper examines the balance between the public’s right to be informed and the protection of individual rights, such as privacy and reputation. The discussion highlights how tabloids, as a specific subset of the media, frequently violate journalistic standards in their pursuit of sensationalism, often resulting in significant harm to public figures. The paper argues that while public figures are required to tolerate a higher degree of criticism, this does not inherently reduce the accountability of tabloids for their actions. Moreover, the non-issuance of a retraction should not automatically mitigate the tabloid’s liability, especially when the retraction process could exacerbate the harm suffered by the individual. Ultimately, the paper calls for stricter legal standards in cases involving tabloids, emphasizing the need to protect public figures from disproportionate harm while maintaining the integrity of free speech and the press.

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