Glenn R. Funk v. Scripps Media, Inc.

Summary

The Tennessee Supreme Court addressed whether actual or express malice defeats the fair report privilege in a defamation action and whether asserting that privilege triggers an exception to Tennessee’s news media shield law. The court held that malice does not defeat the privilege, which is limited by fairness and accuracy, and that the privilege is based on a source of information triggering the shield-law exception. The court affirmed the Court of Appeals on separate grounds and remanded the case to the trial court.

Holdings

1. Neither actual malice nor express malice defeats Tennessee's fair report privilege. The privilege may be defeated only by showing that the report of an official action or proceeding was unfair or inaccurate.
2. The fair report privilege is a defense based upon the source of allegedly defamatory information because it rests on the official action or proceeding from which the information originated. Assertion of the privilege therefore triggers the exception in Tennessee Code Annotated section 24-1-208(b).
3. The section 24-1-208(b) exception permits compelled disclosure only of the source of the allegedly defamatory information, not the information obtained from that source and not every source consulted in preparing the report. Disclosure of the information itself requires the separate three-part showing under section 24-1-208(c)(2)(A)-(C).

Questions Presented

1. Whether actual malice or express malice defeats Tennessee's fair report privilege.
2. Whether the fair report privilege is a defense based upon the source of allegedly defamatory information that triggers the exception to Tennessee Code Annotated section 24-1-208(b).
3. What discovery the shield-law exception permits when a defendant asserts the fair report privilege.

Disposition

reversed_and_remanded