Park v. Yoon Young Park

Summary

The Appellate Division, Second Department affirmed an order granting Korean Channel summary judgment in a defamation action. The court held that the broadcaster was not grossly irresponsible in reporting statements made at a press conference and that portions of the broadcast were not actionable because the plaintiff was not readily identifiable or was referred to only as part of a general class of attorneys.

Holdings

1. A private plaintiff may hold a publisher liable for defamation concerning a matter within the sphere of legitimate public concern only if the publisher acted in a grossly irresponsible manner, without due consideration for ordinarily responsible standards of information gathering and dissemination.
2. Korean Channel established prima facie that it was not grossly irresponsible in reporting statements made during the press conference, and the plaintiff failed to raise a triable issue of fact.
3. Korean Channel was not required to contact the plaintiff before disseminating the broadcast because the person purportedly defamed at the press conference was identified only by initials and was not readily identifiable as the plaintiff.
4. The portion of Korean Channel's broadcast that purported to convey information concerning attorneys generally was not actionable defamation by the plaintiff because it lacked sufficient particulars identifying an individual.

Questions Presented

1. Whether Korean Channel could be held liable for defamation only upon proof that it acted in a grossly irresponsible manner because the plaintiff was a private figure and the broadcast concerned a matter within the sphere of legitimate public concern.
2. Whether Korean Channel established prima facie that it was not grossly irresponsible in reporting statements made during the press conference.
3. Whether Korean Channel was required to contact the plaintiff before broadcasting the report.
4. Whether the portion of the broadcast concerning attorneys generally was actionable defamation by the plaintiff.

Disposition

affirmed