The Star Tribune, on New Year's Day, carried a moving article on the harm defamation can do ("Online attack targeted wrong April Sellers"). It told of how an internet falsehood interrupted the career of a Minnesota choreographer. It also illustrated that lawsuits are ineffective in dealing with the defamation problem.
April Sellers prevailed in her defamation suit. But it was never about money, she said.
What she wanted all along was a correction.
And that is what the Uniform Defamation Act, drafted by the National Conference on Uniform State laws, is designed to deliver.
In multiple ways, the uniform act encourages and facilitates correction of falsehoods in order to minimize real damage.
The lack of legislative passage of the Uniform Defamation Act by the Minnesota Legislature is disappointing.
But the reasons for the lack of success are easily explained. Media companies, benefited by the act, are reluctant to petition the Legislature, feeling that to petition may be thought to conflict with their obligation to report on legislative work without self-interest. And victims of defamation are without lobbyists and without knowledge that this great act is available to their Legislature.
And lawyers — fans of lawsuits — are always watching. They think they are better off with defamation lawsuits rather than corrections or clarifications.