*
Trump considers suing social media influencers for
defamation
*
Trump has already sued ABC News, which settled, and CBS
News
*
Legal experts warn of chilling effect on news coverage
*
Lawsuits by Trump would still face steep hurdles in court
By Helen Coster and Jack Queen
NEW YORK, Dec 17 (Reuters) - President-elect Donald
Trump on Monday stepped up his legal threats against news
outlets and said he would also consider suing social media
influencers and others for defamation, two days after ABC News
agreed to settle a lawsuit with him.
"It costs a lot of money to do it, but we have to straighten
out the press," Trump told reporters at his Mar-a-Lago resort.
Some legal experts say Trump's comments and legal actions
risk chilling news coverage of the incoming administration even
if legal protections for journalists are for now robust.
"There is some serious concern that the erosion of legal
protections could lead to less aggressive news coverage," said
Syracuse University communications professor Roy Gutterman.
He pointed to the ABC settlement as a possible example of a
news organization fearing retribution from the Trump
administration, noting that the high cost of litigation could
have also influenced the network's decision.
On Dec. 14, Walt Disney ( DIS )-owned ABC News agreed to
give $15 million to Trump's presidential library to settle a
lawsuit over comments that anchor George Stephanopoulos made on
air.
The comments involved the civil cases brought against Trump
by writer E. Jean Carroll, who accused Trump of sexually
assaulting her at a New York department store in the 1990s.
Stephanopoulos said Trump was found liable for rape, but a
jury found Trump liable for sexual abuse. New York law
distinguishes the two offences.
Trump is appealing the jury verdict in that case and a
judge's ruling in a related lawsuit brought by Carroll.
An ABC News spokesperson said in a statement that the
network was pleased that the parties reached an agreement to
dismiss the lawsuit.
As part of the settlement, ABC agreed to publish an editor's
note stating that the network and Stephanopoulos "regret
statements regarding President Donald J. Trump" made during the
interview in question.
In his remarks to reporters on Monday, Trump threatened to
sue the Des Moines Register over a poll the paper oversaw, which
showed Democratic Vice President Kamala Harris leading Trump in
Iowa shortly before Election Day.
Trump said of the poll, "it was a fraud and it was election
interference."
Des Moines Register spokesperson Lark-Marie Anton said in a
statement that the paper has acknowledged the poll did not
accurately reflect Trump's ultimate margin of victory but stands
by its reporting and believes a lawsuit would be meritless.
On Monday Trump also mentioned his lawsuit against CBS News
over an interview with Harris that aired on its "60 Minutes"
news program in October. The lawsuit, which seeks $1 billion in
damages, claimed that the interview had been deceptively edited.
CBS has said the suit is "completely without merit" and has
asked a judge to dismiss the case.
Trump claimed on Monday that "60 Minutes" participated in
"fraud and election interference."
TARGETING LEGAL PROTECTIONS FOR JOURNALISTS
Any lawsuits by Trump would still face steep hurdles in
court because U.S. law has some of the strongest protections in
the world for news coverage of public figures.
Longstanding legal precedent holds that public figures must
prove defendants knew or strongly suspected something was false
but said it anyway, a standard known as "actual malice" that is
notoriously difficult to prove in court.
Trump has said this legal standard should be changed, and
some U.S. Supreme Court justices have expressed willingness to
reexamine the precedent.
"The standard remains a strong one, the strongest in the
western world," said Boston School of Law professor Jeffrey
Pyle.
Even if lawsuits by Trump were to fail, they could create
headaches for news organizations by publicly revealing
potentially embarrassing internal communications and exposing
journalists and executives to depositions.
In the ABC lawsuit, some legal experts said the network could
have prevailed because Stephanopoulos' comments appeared to be
an innocent mistake and not the type of reckless disregard that
Trump would have to prove.
A judge denied ABC's motion to dismiss the case in July,
rejecting the network's claim that it was broadly protected
under Florida laws shielding news organizations from liability
for accurate reporting on information received from government
officials.
That order only concerned several initial legal questions
and did not mean Trump would have ultimately won.