NBC settles suit over 'Dateline: Predator' episode http://www.cnn.com/2008/CRIME/06/26/dateline.predator.ap/index.html Is this the direction we are going? Could somebody be held responsible for somebody's else's suicide - regardless of their intent to do harm to the person? I agree with the myspace mother facing charges, she maliciously tormented that girl. But this was a sting operation orchestrated by a newsmagazine - nobody made that man go online and have a sex chat with somebody he thought was a 13 YO boy. What about jilted lovers, unrequited love, and other suicides, where angry notes are left placing blame... Are people going to be held responsiblee for other people's mental deficiencies?
this reminds me of a while back when the same sort of thing happen to Jenny Jones.... http://www.cnn.com/SHOWBIZ/TV/9905/07/talk.show.slaying.03/
The problem with this is they are a newsmagazine and they were outside of their legal bounds. They were not covered by any of the protections afforded law enforcement because of it. It then became akin to a case of slander/libel as there was no legal proof and no way to get legal proof because of the actions of the network. The show tried to use the police to create a show and in the process destroyed any valid investigation. The other aspect is that they published the accusation without due process and from an investigation they themselves tainted to the point it was invalid, which could very easily have been seen to be manufactured in the rush to creat a show. They had a very real exposure as a result of their own actions, just like the woman on myspace.
So that would mean people could hold the "Cops" show, "Cheaters" show, etc. liable as well or maybe even a police sting of any kind, because they publish the names in the paper, before due process has taken place. Opens up a huge bag of worms.
Yep, I was thinking the same thing. Also, another thought people generally caught in stings where the police is involved wouldn't sign a wavier to have their names and pictures released to the news or paper, so what's the difference, since the police were involved?
Well dern, I love watching those dumbasses get busted. I hope they bring it back to catch more perverts. I don't feel sorry for the guy that killed himself, I have no respect for people who are selfish enough to take their own lives. I think my favorite line was in that episode: "Don't tase me, bra! Don't tase me, bra! AAAAaaaHHH"
When they are arrested it becomes public information, which allows the use of names and picture, but if the arrest was not valid there may be litigation to recover the damages form the agency involved. In the case of NBC everything was prior to any arrest/charges so they were without any protection of public record.
true, but as long as they don't make it public until after the arrest (ie, show it on tv), aren't they good? and what about the waivers?
Yes, but not the video from before the charges if there were no waiver. The names could be used and the typical mugshot because that would be public record, but the video would not be unless it was of them in custody after the charges, like going to/from court. They would still be needed for anyone who was not in custody and charged at the time, unless, of course they were considered a public figure and would then be subject to a different standard (paparazzi for example) form regular people.
to me, the whole thing points to them having signed waivers before it airs. no way nbc would leave themselves that wide open to lawsuits
I think they thought they were so much a part of the investigation they thought they would not need them. They were not like "Cops" where they were just riding with the poilce, they were an active part of the set up and sting. I cannot see the people signing a waiver before something like that without becoming a bit uneasy and definitely not afterward. the prosecuter especially would know better. I think the lines were so blurred the NBC crew operated as if they were the police documenting the investigation for court, which would seem constent with the critical review by the DA who would have filed charges it the cases had not been so botched up.
