What is the liability for a paper regarding printing an editorial that is complaining and naming individuals?

UPDATED: Oct 1, 2022

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What is the liability for a paper regarding printing an editorial that is complaining and naming individuals?

A client wants to put in editorial stating her issues with a particular doctor and hospital which she is upset with. What I want to know is if she expresses herself what is our liability for selling her space in our publication. We are not a newspaper. We sell advertising space and classified ads. She is willing to pay to express herself and will identify herself in the ad as the responsible party.

Asked on March 27, 2019 under Business Law, New Mexico


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

It depends on whether you excercise any editorial control over her content or not. If you do exercise editorial control--e.g. edit or rewrite what she provides--you could possibly be held liable if she commits defamation. On the other hand, if you don't exercise any editorial control--publish it as provided--you are not liable, the same way that Facebook or other social media is not liable for its posters' content.

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