FAIR COMMENT AND CRITICISM. - A publisher can claim the fair comment and criticism defense in many instances. The courts are often lenient when fair comment or criticism is made of a political organization or any powerful corporation; in reviews of television programs, movies, plays and books; or in articles dealing with officials or agencies of the U.S. government. It has been established that one of the chief functions of the news media is to serve as a critic of the wielders of public or private power. The courts reason that this function should not be arbitrarily suppressed.

Many newspapers engage in "crusades" against a dishonest or bungling government and against crooked gambling or other criminal activities. As long as a newspaper approaches such a "crusade" in a responsible manner, it is well within its rights. Every year Pulitzer Prizes are given to individual reporters for either having exposed private or public abuses of power, and in some cases, having caused their confections.

PRIVILEGE. - Privilege, as a defense against libel, deals with legislative and judicial operations. There are two kinds of privilege. One is "absolute privilege"; the other is "qualified privilege."

Absolute Privilege. - Absolute privilege protects those directly involved in judicial proceedings (judges, attorneys and witnesses) and legislative matters (the President, governors, mayors and lawmakers at the federal, state, county and city levels). Absolute privilege does not apply to the news media.

Qualified Privilege. - Qualified privilege does apply to the news media and affords them qualified, or conditional, protection in reporting public and official proceedings. The conditions for this protection are that a story must be characterized as follows:

1. Fair, accurate and complete

2. Without malice

3. Published for justifiable ends

The one limitation of qualified privilege is that a story must not include any obscenity. Other than that, legislative and judicial proceedings may be reported in their entirety, regardless of the truth or falseness of what is said. The legal theory supporting this license holds that the public interest in public matters should be served, even at the expense of individual defamation.

Remember, however, that this privilege does not cover the reporting of conventions of private organizations, such as political parties, labor unions and churches.

LACK OF PUBLICATION. - Lack of publication as a complete defense is more likely to be used in a libel case involving some form of personal communication that may or may not have been seen by a single third party. This defense could hardly serve the needs of a newspaper publisher whose product is seen by large numbers of people.

LACK OF DEFAMATION. - The lack of defamation defense is used when a publisher believes that no one has been defamed; and therefore, if it can be proved, there is no basis for a libel suit.

CONSENT. - Consent, as a libel defense, is used by a publisher when it can be shown that the person claiming libel previously consented to the statement that is now being challenged. .

STATUTE OF LIMITATIONS. - Statute of limitations, as a complete defense against libel, means that a libel action was not brought within a maximum period of time as specified bylaw. The time limit varies from one year from the date of publication, in some states, to as many as three years in others. Beyond whatever deadline is established, no suit maybe filed.