An Economic Analysis of Libel Law
Long Island University - Department of Finance
James F. Refalo
California State University, Los Angeles
Eastern Economic Journal, Vol. 34, Issue 1, pp. 74-94, 2008
This paper examines the welfare implications of different libel law standards as applied to newspapers in publishing stories. Our work extends the current literature by permitting private and public incentives to deviate, giving rise to an agency problem, and by formulating a two-stage decision model based on a story's expected value. We show that the negligence standard provides incentives for the agent to take actions, merely to insure itself against liability. This results in a deadweight loss to society. We also show that both standards can be socially inefficient; however, correction using policy tools under strict liability places a lower informational burden on policy makers, than does the negligence standard.
Number of Pages in PDF File: 21Accepted Paper Series
Date posted: July 27, 2010
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