In North Carolina, the fair report privilege protects accurate reports of government proceedings and public records. Among other things, the privilege applies to court proceedings and information contained in court documents. It also extends to reports of arrests and the charges upon which the arrests were based. See LaComb v. Jacksonville Daily News, 543 S.E.2d 219, 221 (N.C. Ct. App. 2001). To take advantage of the privilege, your report must be a "substantially accurate acount." It is not clear whether a plaintiff can defeat the fair report privilege by proving that the defendant acted with actual malice.
Neutral Reportage Privilege
The CMLP located no North Carolina cases addressing the neutral reportage privilege. If you know of any cases, please contact us.
Wire Service Defense
One North Carolina appeals court has recognized the wire service defense, but did not elaborate on its scope. See McKinney v. Avery Journal, Inc., 393 S.E.2d 295 (N.C. Ct. App. 1990).
Statute of Limitations for Defamation
The statue of limitations for defamation in North Carolina is one (1) year. See N.C. Gen. Stat. § 1-54.
The CMLP has identified no North Carolina cases addressing whether the state follows the single publication rule, either online or off. For a definition of the "single publication rule," see the Statute of Limitations for Defamation section. If you are aware of any North Carolina cases that acknowledge the single publication rule in the Internet context, please notify us.
Ohio Defamation Law
Note: This page covers information specific to Ohio. For general information concerning defamation, see the Defamation Law section of this guide.
Elements of Defamation
The elements of a defamation claim in Ohio are essentially similar to the elements discussed in the general Defamation Law section, with the following exceptions and clarifications:
Defamation Per Se