While watching the movie “Absence of Malice” we experienced multiple examples of unethical decisions, and an example of libel within the media. The title of the movie refers to the legal definition of libel defamation. Libel is defined as a false accusation of an individual that has been published and damages the reputation of the accused.
During the movie a reporter named Megan is looking into the disappearance of Joey Diaz who is a longshoreman union official. Without any hard evidence to print, Megan searches out the detective who is looking into the case as well. The detective makes short work of her, and leaves her in his office claiming he has a meeting to attend. After the detective has left Megan makes an unethical decision to take the portfolio off of the detectives desk labeled “Joey Diaz”. This I believe is one of the more definitive unethical moves we have seen in our two movies. This is unethical because Maggie is stealing information that she wants for her own personal glory. However, one could make the case that she is just doing her job to the fullest possible. We find out later that the detective left the portfolio on his desk on purpose, knowing Megan Foster would take it. Was this an unethical decision as well? The detective planned to do this because he was trying to squeeze any kind of information he could out of Michael Gallagher. I believe this is an unethical move by the detective and could be seen as assistance in libel. However, we learned in class that the only person that can be subject to libel is the one who published the information.
Later, Megan prints a story about in the newspaper about how the person on the top of the list is a wholesale alcohol importer, Michael Gallagher. What we also know is that Megan has an outside source that is feeding her information about the case. Gallagher sees the article and wants to meet with Megan in person to discuss it. Megan goes for lunch with Mr. Gallagher wearing a wire, and being followed for her protection. Gallagher knows that this is happening and calls her out on the situation. Gallagher then explains that the story is incorrect, and asks who Megan’s source is. Refusing to tell him, Gallagher decides its time for her to leave.
Is this considered libel defamation? Is Michael Gallagher considered a public figure? This article did hurt Gallagher’s reputation because the longshoreman no longer wanted to do business with him, and his workers began to ask questions.
This is similar to the case we had to read about the bombing of the Boston Marathon and the picture of the “Bag Men”. Two men were photographed and labeled as top culprits in the bombing of the Boston Marathon. The two men immediately headed to the police station pleading their innocence. “This was inevitable: The two people plastered on the front of the New York Post days after the Boston Marathon bombing under the headline “Bag Men” are suing the paper for libel and invasion of privacy. (Washington Post) Gallagher was falsely accused and so were these men at the Boston Marathon. The paper in the movie was forced to write a story explaining the incidents.
I am not sure how I would have handled this situation differently. Obviously it could have started with Megan not printing the story about Michael Gallagher. On the other hand, would the detectives get as much information as they did without the story? My plan would have been to have someone look further in Michael Gallagher and his whereabouts on the night of the disappearance. As for Megan Foster, I believe she could have been a bit wiser and before printing the story she could have looked further into Mr. Gallagher, and tried a little harder to get a hold of him in the first place.
Source
Wemple, Erik. “New York Post Sued for Libel over ‘Bag Men’ Story.” The Washington Post. N.p., 6 June 2013. Web. 11 Feb. 2015. http://www.washingtonpost.com/blogs/erik-wemple/wp/2013/06/06/new-york-post-sued-for-libel-over-bag-men-story