Torts — defamation

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Wisconsin Court of Appeals

Civil

Torts — defamation

A statement that a person is facing criminal charges is substantially true, even if no charges have been filed.

“First, the statement that Terry ‘was facing criminal charges’ was substantially true. See Lathan v. Journal Co., 30 Wis. 2d 146, 158, 140 N.W.2d 417 (1966) (It is not ‘necessary that the article or statement in question be true in every particular. All that is required is that the statement be substantially true.’). Prenzlow, a consumer affairs specialist employed by the State of Wisconsin, testified that Terry’s conduct could potentially constitute a violation of Wisconsin consumer and criminal laws. Prenzlow stated that he did not refer Terry to the District Attorney’s Office because after the February 2, 2006 broadcast, she cooperated with the Department of Agriculture, Trade and Consumer Protection and the issues between Terry and her customers were successfully mediated. We disagree with Terry that the term “facing criminal charges” necessarily implied that she was actually criminally charged. None of the broadcasts or corresponding internet stories stated that Terry was actually charged with a crime. In the context of the broadcast and Prenzlow’s statements, it is clear that ‘facing criminal charges’ meant that Terry could potentially be charged for the failure to provide paying couples with their wedding videos, which was true. There is no issue of material fact as to this statement.”

Affirmed.

Recommended for publication in the official reports.

2012AP1682 Terry v. Journal Broadcast Corp.

Dist. I, Milwaukee County, Wasielewski, J., Kessler, J.

Attorneys: For Appellant: Thompson, Gary W., Milwaukee; For Respondent: Dreps, Robert J., Madison; Peterson, Jennifer L., Milwaukee