In a previous posting, I published a warning about another malicious fake news story by National Report which showed a picture identified as an Associated Press photo of Paul Horner, 15, allegedly was given 25 years to life for “swatting” — calling in a fake police report on an online gaming opponent. The problem is that the story is entirely untrue. I discussed how this article went further then prior juvenile postings by National Report designed to trick news organizations and blogs into posting false stories. There is nothing funny about the stories. These are just mean-spirited efforts to embarrass media and bloggers. However, on his occasion they used a picture of a real person and tied Associated Press to their story. At the time, I asked why anyone has not sued these editors, particularly Associated Press. I have now spoken with Associated Press about the incident.
We identified the picture in the faux article as defendant Dylan Schumaker, who was indeed 15 when arrested but his crime was the death of his girlfriend’s baby boy after he lost control when the baby would not stop crying.
National Report expressly connects Associated Press with the false story using Horner and the identification of the image. The caption says the photo and its identification are from “AP” twice — using the credibility of AP to advance its efforts to trap news and blog sites.
There are two possible lawsuits. One is from Horner. In a signature move, the National Report editors are clearly (and intentionally) using a tort defense that some individuals are “libel proof”: people who have no reputation to lose. Usually however this is not done in a cynical move to lie about a crime and use someone else’s image for commercial benefit. It is not necessarily true that Horner would have no cause of action.
However, the best cause of action is with Associated Press, which could deliver a blow to advance the interests of all news and blog sites — the very consumers of AP stories and photos. Here you have a malicious outfit that undermines both journalists and photo journalists. I would think it would be an easy decision to sue National Report.
I contacted Associated Press to ask if they were going to do something about the association of the AP with the false story. Unfortunately, it is not clear that AP will take legal action in what could be an important response from legitimate media to this outfit. I asked for a statement and AP’s Direction of Media Relations said that it would seek to “rectify”:
Jonathan,
Thanks for checking.
First of all, to be clear, the “Associated Press picture” that you cite in your email is not, in fact, an AP photo (the one showing “15-year-old Paul Horner”), despite the caption credit to AP.
We see the bogus crediting of “stories” and photos to AP from time to time, often on websites based abroad and on humor sites, and we have sought to rectify such mislabeling and misinformation, especially when it is echoed in earnest by many others via Twitter and other social media.
We were unaware of the National Report piece before receiving your email.
Thanks,
PaulPaul Colford
Director of Media Relations
The Associated Press
It is not clear what “rectify” on a false news site would amount to. If they post a correction on a faux news site, does it satisfy a correction statute? Notably, the editors elected to remove a clear warning from the site that the stories contained on the site are false. Many of these stories have no humorous angle, like this one, and are clearly designed to spread false stories. Indeed, they have not hidden their agenda at planting false stories. The website lists editors like Allen Montgomery. In one report, National Report Publisher Allen Montgomery is quoted in saying that “We have been targeting Tea Party types recently as they are the most gullible and are willing to spread misinformation across the internet with little/no research.” Now there is a worthy purpose in life: finding ways to spread misinformation on issues that deeply affect people’s lives from free speech to homosexual rights to the environment. Other people are trying to deal with a global attack on free speech, but the people at National Report are trying to re-direct that debate into false alleys and walls.
AP has the ability to hold these editors accountable directly and possible deter this type of vicious fun directed at the very users of AP stories and photos.
As for Horner, he obviously was convicted of a more serious offense and became notorious when he cried during sentencing that he never meant to hurt the baby. Schumaker was sentenced to 25 years to life behind bars. However, Judge William Boller (as shown below) then revealed that the bailiff had overheard a conversation that he had with his mother from the holding area in which Horner told her that she did not have to worry because “I am a 16-year-old blond and probably all I have to do is cry in front of the jury and they are going to feel sorry for me.”
Even with this record, a court may be equally disturbed by an intentional use of the “libel proof” cases to publish false accounts. This defense is rarely used successfully and I do not know of a prior case of such intentional false publication. Even under the New York Times v. Sullivan standard for public figures, such knowing disregard or intentional action wipes out the protections for real news organizations in cases of public figures and public officials.
National Report appears to have real advertisers and, if so, could be charged with using both the association with AP and Horner for pecuniary benefit. I fail to see how any advertisers or Internet companies would allow any association with National Report or its editors.
I am not someone who normally advocates litigation in media cases, but this is an exception. National Report does not try to be humorous or facially absurd like The Onion. It is a site solely designed to trap the unwary and spread false stories. It should be the antithesis of the Associated Press and has clearly crossed a legal line in this story. The question is whether AP will do anything about it.
P. C. Schulte – Are you saying that the press are conspiring to spin such stories to raise questions intending to inflame a controversy hungry populace?
I am fighting really hard to believe this not to be true, but I think I’m losing.
Solo – do you think the press went to Ferguson because it was a cool place to vacation? They were there to inflame the populace. If it bleeds, it leads.
And how is this story or publication different from another news agency that informs it’s viewers with half-truths, conjecture and speculation as absolute truths? Since our constitution only guarantees freedom of speech and not that this speech should be true; it’s no wonder why a society that revels in controversy would accept such blatant disregard for factually based news.
Solo Uno – it might be hard to find the difference between an article in the National Report and the New York Times.
Here’s the thing: the point that is supposed to be made by the process is employed as it never makes it to those who “eat up” the type of stories that are sought to be prevented. Instead, smart people get it, but not the lower 80%, who then spread the story and it becomes a fact used for whatever dull purpose later on in that believer’s head. Maybe not dull, who knows. Suing the media is like hoping for ethics from a politician, rarely rewarded in any significant measure.
What G.Mason said.
“Sarah Palin Calls on Obama to Invade Ebola”
I laughed at this one until I hurt myself.
It harkens back the false story about Jeb Bush having sex with a dog back when he was in high school. Now, all dogs are offended by this. No dog would allow it. Jeb was supposedly drunk at a barbeque when this happened. I have never seen him on photos or video with a pet. It might be true. But no dog or human should believe such stories when they are just bandied about without credible evidence. So Jeb, judge not, least ye shall be judged. We don’t believe the story. Nuff said.
If Bush recants on WMDs, Bill Clinton is going to have to recant, too. What will that do to Hillary’s chances?
I don’t know exactly what legal recourse there is against lying, but at the very least, the Associated Press and other media organizations could refer to the National Report site as a source of lies and false information. I realize some might look at this as giving publicity to the site, and that is a problem. Not even sure if people in our culture even look at lying as shame anymore. It is more like lying and deception is good entertainment.
I know one thing. Anytime I see a link to National Report, I will avoid clicking on it.
Hey, maybe the Associated Press could develop a small app that blocks people from the site and distribute it for free. People could add it as a browser plug-in that basically pops up a window that says, “You have asked to go to a National Report article which is known to lie and present false information about the Associated Press and many other organizations. We recommend you avoid this site. Click ‘Thanks for saving me’ to go back to your previous page, or click ‘No thanks, I want to read lies. Continue to the bad website.’ to continue to the site.
David, I retrieved your comment at 12:24.
Thanks, Darren! You are always so nice at doing this.
Some pressure certainly needs to be applied to both Alan Montgomery of Wyoming who publishes the site, and the web hosting company. If the web hosting company comes to agree with the immorality of the site lying to everyone and causing more work to researchers, they could deny Montgomery the right to host his site. Many organizations that have unpopular political positions are forced by such pressure to find web host companies operating in other countries.
Here is Alan Montgomery’s position:
======
Montgomery said in no way should anyone construe the National Report as real news.
“It is our opinion that if a person is too lazy to check for multiple references [or at least one other source] … and they spread misinformation around as fact, then they are to blame for their own stupidity, not us,” he said.
======
http://trib.com/news/local/state-and-regional/satirical-article-creates-stir-in-wyoming-town/article_bf915e38-98ab-51d5-85f3-9d3825617d60.html
David, I retrieved your comment at 12:33.
Kinda like Bush’s story about WMD…. I have yet to hear him recant….
Kudos for pursuing this, JT. When a person w/ your First Amendment street cred goes after someone like this, they are certainly over the line.
Total Recall:
When the news media acts like law enforcement. It’s Search and destroy. Example: 1996 Atlanta Olympic Bombing suspect, Richard Jewell. Tom Brokaw, then NBC’s news anchor went on a witch hunt.
Is calling in a false bomb threat or pulling a fire alarm for kicks any different?
Two lawyers who worked for big media companies but who insisted on anonymity said the prospect of NBC’s losing a libel lawsuit on the basis of
Mr. Brokaw’s remarks had been extremely slim. One added, concerning the amount of the settlement, ”it must be for nuisance value.”
I had a post eaten by WordPress. Can a moderator please free it?
Some pressure certainly needs to be applied to both Alan Montgomery of Wyoming who publishes the site, and the web hosting company. If the web hosting company comes to agree with the immorality of the site lying to everyone and causing more work to researchers, they could deny Montgomery the right to host his site. Many organizations that have unpopular political positions are forced to find web host companies operating in other countries.
Here is Alan Montgomery’s position:
======
Montgomery said in no way should anyone construe the National Report as real news.
“It is our opinion that if a person is too lazy to check for multiple references [or at least one other source] … and they spread misinformation around as fact, then they are to blame for their own stupidity, not us,” he said.
======
http://trib.com/news/local/state-and-regional/satirical-article-creates-stir-in-wyoming-town/article_bf915e38-98ab-51d5-85f3-9d3825617d60.html
I don’t know exactly what legal recourse there is against lying, but at the very least, the Associated Press and other media organizations could refer to the National Report site as a source of lies and false information. I realize some might look at this as giving publicity to the site, and that is a problem. Not even sure if people in our culture even look at lying as shame anymore. It is more like lying and deception is good entertainment.
I know one thing. Anytime I see a link to National Report, I will avoid clicking on it.
Hey, maybe the Associated Press could develop a small app that blocks people from the site and distribute it for free. People could add it as a browser plug-in that basically pops up a window that says, “You have asked to go to a National Report article which is known to lie and present false information about the Associated Press and many other organizations. We recommend you avoid this site. Click ‘Thanks for saving me’ to go back to your previous page, or click ‘Right now I want to read lies’ to continue to the site.
David, I released your comment on 2014/09/18 at 8:42 am.
To be honest Professor, I hold you in the highest regard, and I do know that you are a very busy individual, but perhaps you should have vetted this commentary greater.
Rick Perry’s Plan: Secede Texas From US, Avoid Jail Time
Delaware Town To Allow Same-Sex Siblings To Marry Beginning October 1st
‘Satire’ Tags Appear Next To Fox News Articles On Facebook; Lawsuit Announced
ISIS To Cripple 2014 Fantasy Football Season
All Women Certifiably Crazy, Study Finds
Though I have doubts about the last one being satire.
Some fairly funny stories to be quite honest.
Sarah Palin Calls on Obama to Invade Ebola
Michelle Obama Claims Upcoming Interview With ‘OUT’ Magazine Will “Shock The World”
Henry Rollins Commits Suicide In Wake Of Robin Williams Backlash
(comment here) The last one is highly amusing btw.
While I do not disagree entirely, I do wonder if there is not a sort of public good at the same time, in the electronic age, to force media to vet their stories more. To me the issue at stake is intent. If the Intent is malicious beyond the media but to in fact fool the public for propaganda purposes then that is an issue for me. If it is to embarrass the media then that is a different story. But…..
I will comment however that at first glance of the site, I would gather that its a parody. Headlines for example
Dennis Rodman Leaves US To Talk With Leaders Of ISIS
Shia LaBeouf Steals Horse, Injures Tourist in Hollywood
Sistine Chapel Ceiling Tagged by Graffiti Artist
Kim Jong-Un Now Castrating North Koreans