Legal Question in Civil Litigation in Pennsylvania
Defamation Of Character
Our company publishes a small online theatre publication covering the Philadelphia Theatre Scene. We have a small staff (4) and try to cover as many companies as possible (there are dozens) Because of our small staff, we are very limited on how many company shows we can cover, and on many occasions have opted not to cover a particular show..it may have had ample coverage from other press, may not be running long enough, etc.
One company had contacted us on a few occasions (as have many) wanting us to cover his show. Because of schduling, and since his show had a ton of coverage, I decided not to cover it.
Tonight, I received an email, that was also CC to approx 15 members of the local theatre community, that accused us of not covering his show because his company is an African American theatre company...keeping in mind that I had contacted him a few months ago looking to write an article on their up-coming season, but he was still getting things situated, and was unable to give me any info, so I had to move onto something else.
Since he sent the email to approx 15 people, and we have a very good reputation within the community, do I have grounds for a Defamation Of Character suit?
Thank you
1 Answer from Attorneys
Re: Defamation Of Character
Yes, you probably have grounds, but these suits are almost always losers. The only way to make it worthwhile is if there are prvable damages (money). This eMail probably did not cost you any money in terms of damage to your reputation. And, even so, how much can you claim against most artistic companies? Not much, the producers are usually at least decently limited and the companies themselves, well you know the finances better than I.
Nor is that route recommended where the harm was not tremendous. My advice would be to prepare two responses to that persons eMail. The first would be a complete vitriolic diatribe using as many objectionable words as possible. Burn that letter. Then spend some time preparing a thoughtful response stating substantially the same information you provided in your LawGuru message. Sit on it for a few days, have someone review it, rewrite it to tone it down further and eventually send it to the same recipients. Also, call the sender, meet with him and explain the situation. Act like a professional and I am certain he will realize that you two must get along.
Further, you must review his next production. I don't care if it is Springtime for Hitler done without the humor. You should cover it and cover it fairly. Get this behind you and get back to business.
I would be happy to help you further with this matter. Please contact me to follow up. I am very interested in working with and serving all the arts and arts organizations.
Regards,
Roger Traversa
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