The publication of a fair and impartial report of the return of any indictment, the issuing of any warrant, the arrest of any person accused of crime, or the filing of any affidavit, pleading, or other document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the contents thereof, is privileged, unless it is proved that the same was published maliciously, or that the defendant has refused or neglected to publish in the same manner in which the publication complained of appeared, a reasonable written explanation or contradiction thereof by the plaintiff, or that the publisher has refused, upon request of the plaintiff, to publish the subsequent determination of such suit or action. This section and section 2317.04 of the Revised Code do not authorize the publication of blasphemous or indecent matter.
Notes of Decisions
Cited in 27
cases (2 in the last 5 years), 1956–2025 · leading case: Sethi v. Wfmj Television Inc., 134 Ohio App. 3d 796 (Ohio Ct. App. 1999).
Sethi v. Wfmj Television Inc., 134 Ohio App. 3d 796 (Ohio Ct. App. 1999). · cites it 15דmust fail as a matter of law, (2) the February 8, 1993 broadcast was not “of and concerning” Usha Sethi and therefore, no defamation claim could exist for the broadcast, (3) the broadcasts were privileged under R.C. 2317.05 as being fair and impartial reports of documents filed…”
Oney v. Allen, 529 N.E.2d 471 (Ohio 1988). · cites it 11דIn this case we must decide whether the publication by the News Journal of the indictment of Michael Oney was privileged pursuant to R.C. 2317.05. For the reasons which follow, we find that it was.”
Young v. Morning Journal, 669 N.E.2d 1136 (Ohio 1996). · cites it 12דR.C. 2317.05 states that “[t]he publication of a fair and impartial report of * * * any * * * document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the contents thereof, is privileged * * We recently held that “in…”
Am. Chem. Soc'y v. Leadscope, Inc., 2012 Ohio 4193 (Ohio 2012). · cites it 2דThis privilege is codified at R.C. 2317.05 and provides that a “fair and impartial report” of the allegations made in a lawsuit is protected by a qualified privilege that can be overcome by a showing of actual malice.”
Boddie v. Landers, 2016 Ohio 1410 (Ohio Ct. App. 2016). · cites it 6ד] The Judgment of the Trial Court in denying Plaintiff- Appellant's Motion for Summary Judgment, with prejudice should be overturned, and vacated because the disclosure in the news story were made without prior investigation rendering inaccurate information, and excluding…”
Pollock v. Rashid, 690 N.E.2d 903 (Ohio Ct. App. 1996). · cites it 3ד05, the “fair report” privilege, which provides: “The publication of a fair and impartial report of * * * the filing of any affidavit, pleading, or other document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the…”
Anderson v. WBNS-TV, Inc., 2024 Ohio 4880 (Ohio Ct. App. 2024). · cites it 5ד{¶ 48} The Ohio General Assembly has incorporated the requirements of fairness and accuracy into Ohio’s statutory fair report privilege, set out in R.C. 2317.05. It provides, in part: The publication of a fair and impartial report of the return of any indictment, the issuing of…”
Sullins v. Raycom Media, Inc., 2013 Ohio 3530 (Ohio Ct. App. 2013). · cites it 4ד” However, because the information appellees published was the same, albeit inaccurate, information contained in the sheriff’s department’s IMACS system, the trial court held that appellees’ statements were protected by Ohio’s statutory fair report privilege, R.C. 2317.05.…”
Embers Supper Club, Inc. v. Scripps-Howard Broad. Co., 457 N.E.2d 1164 (Ohio 1984). · cites it 3ד05 which in pertinent part reads: “The publication of a fair and impartial report of * * * the issuing of any warrant, * * * or the filing of any * * * other document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the…”
Gupta v. the Lima News, 744 N.E.2d 1207 (Ohio Ct. App. 2000). · cites it 7דRather, The Lima News asserts that the article is “substantially true” and therefore falls within the statutory reporting privilege of R.C. 2317.05: “The publication of a fair and impartial report of * * * the filing of any affidavit, pleading, or other document in any criminal…”
Young v. Gannett Satellite Info. Network, Inc., 837 F. Supp. 2d 758 (S.D. Ohio 2011). · cites it 2דarrest of any person accused of crime, or the filing of any affidavit, pleading, or other document in any criminal or civil cause in any court of competent jurisdiction, or of a fair and impartial report of the contents thereof, is privileged, unless it is proved that the same…”
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