Want to get famous real quick? Here’s an idea: Become an arrogant, celebrity-crazed jerk and let your personality shine through your writing. Hey, it worked for Mario Armando Lavandeira Jr., whose alter ego, Perez Hilton, maintains a website dedicated to keeping fans aware of every last scandal or triumph that goes on in the world of celebrities.
Perez, the self proclaimed Queen of all media, has landed himself in hot water many times with the sarcastic and nasty comments he publishes, but his defamatory statements have never led to a conviction of libel. Here’s why:
Although Perez’s posts meet the five requirements for libel: publication, identification, defamation, injury and fault, for the most part Perez’s posts are not considered libelous because they concern public figures.
Public figures have a much more difficult time proving libel because in addition to the five libel requirements, the figure has to prove “actual malice,” which means that “the person making the statement knew the statement to be false, or issued the statement with reckless disregard as to its truth,” according to expertlaw.com.
An example of this would be Perez’s distaste for Mischa Barton. On numerous occasions he has trash-talked her acting skills and made fun of her cellulite-covered thighs, which have earned her the lovely moniker Mushy Fartone, but she cannot sue for libel because the statements, although malicious, are true.
Another example is DJ (and girlfriend of Lindsay Lohan), Samantha Ronson. She “filed a defamation lawsuit against Perez in July after he accused her of being responsible for the cocaine found in Lohan’s car following her first arrest for driving under the influence,” according to popcrunch.com, but had her case dismissed because it was considered “an unfair attempt to stifle [Perez’s] right of free speech,” according to thehollywoodgossip.com.
It is also hard to prove actual malice in this case because Perez could easily say that he honestly thought that the cocaine belonged to Ronson.
So, to all of you out there shaking in your seats at the idea of a future libel lawsuit, follow Perez's lead and only write cruel comments about celebrities. The court will surely protect you.
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"An example of this would be Perez’s distaste for Mischa Barton. On numerous occasions he has trash-talked her acting skills and made fun of her cellulite covered thighs, which have earned her the lovely moniker Mushy Fartone, but she cannot sue for libel because the statements, although malicious, are true."
ReplyDeleteI thought it was hilarious that you state that this is true since it is a matter of opinion (not that i don't agree but it just made me laugh out loud).
But I would like to say that since Perez, I get annoyed that serious bloggers who have a specific passion, do their research, and have credibility get pushed out by people who want to be like Perez and just sit on their asses and talk about things they like and dislike. As if most of us could give a crap what a middle-aged, single, living-in-his-mom's-basement and sleeping with back issues of Hustler--thinks about high society or Hollywood.
ANYWAYS...have a great spring break Jordan!
Jordan,
ReplyDeleteGood work here. It's definitely true; it's much more difficult to win a libel suit if you're a star. That's why most Hollywood stars don't even bother trying anymore; they just ignore it. One question: Has the internet opened a Pandora's box of libel issues?
Surely Hilton is also defended somewhat by issues of opinion and fair comment. It's not libelous to say Mischa Barton can't act, not because it's true, but because that's just Hilton expressing his opinion.
ReplyDeleteI could say here, for instance, that I hate Perez Hilton with a passion because he's every bit as much a part of our heinous celebrity culture as the celebrities he pretends to detest, only worse, because tt least the celebrities are doing something; Hilton's just a hateful tick, and that would not be libel because it's my opinion.
Of course, in this case, it's also hard, irrefutable fact, but either way.