The Ohio Supreme Court on Wednesday agreed to take up a case that could have far-reaching implications for media outlets across the state.
A Columbus television station is asking the high court to overturn a Tenth District Court of Appeals decision that will allow a defamation case against it to proceed. (Docket)
The case stems from a November 2015 robbery at a Columbus water park. The Columbus Division of Police in January 2016 issued a news release about the incident that included still photos from the parking lot and a hallway and indicated individuals pictured may have been involved in the robbery.
WBNS-TV, according to its memorandum in support of jurisdiction, aired the information during two morning newscasts and posted the information on its web site and Facebook page.
Later that day, the department issued a follow-up release informing media outlets that the individuals depicted in the photos came forward and were cleared of any wrongdoing, leading WBNS to remove the photographs.
The individuals depicted later filed a lawsuit in Franklin County Common Pleas Court that was dismissed. However, the appellate court determined that the trial court erred in dismissing the case and remanded it for further proceedings.
"The media information sheet was accompanied by photographs of persons CPD called 'suspects.' WBNS amplified the information on the media information sheet and broadcast that police were accusing two of the Andersons of robbing an eight-year-old and that the two Andersons were the robbers," the appellate court wrote in its decision. "WBNS also broadcast pictures of some of the Andersons which indicated some of the Andersons were robbers and had placed a gun to the child's head in stealing the hover board."
The television station said the appellate court decision could have a chilling effect on media outlets.
"At bottom, left undisturbed, the Tenth District's decision means that news organizations cannot rely on law enforcement agencies - including official published statements - in reporting on criminal events without assuming liability for the falsity of the information provided," it wrote.