## Facts

- Joe Rogers, a part-time photographer for WVTM TV, Inc., attended a Dixie Youth League baseball game for five- and six-year-olds as a spectator; he was off duty but had a station camera in his car.
- Rogers noticed an adult repeatedly yelling at a young player and began videotaping the game from behind the outfield; other spectators were also recording.
- The recording showed the child being tagged out, running off the field, removing his helmet, and appearing (to Rogers) as if he was about to cry.
- The recording then showed the child’s father, John Forrester, grabbing the boy and slapping him in the face, taking a few steps while holding him, and slapping him again, followed by a gesture toward the field.
- WVTM chose to use part of the tape in a news segment described as addressing the pressure children face from adults in youth sports.
- In the broadcast, WVTM did not identify Forrester or the child by name and obscured their faces (described as using a blue dot).
- The slaps were difficult to see clearly in the version aired, but the anchors reported that the adult “slapped the child twice.”
- Forrester sued WVTM for defamation/libel, alleging the broadcast portrayed him as a “child abuser” and harmed his reputation.
- WVTM moved for summary judgment, arguing the story did not identify Forrester, involved a matter of public concern requiring Forrester to prove falsity, and did not accuse him of child abuse as a factual matter.
- The trial court granted summary judgment for WVTM; Forrester appealed, and the appeal was transferred to the Alabama Court of Civil Appeals.

## Issues

1. Whether Forrester presented substantial evidence that WVTM broadcast a false and defamatory statement of fact about him, as required to avoid summary judgment.
2. Whether the segment, viewed as a whole and in context, was capable of an actionable defamatory meaning (including an alleged implication that Forrester was a “child abuser”).
3. Whether the broadcast involved a matter of public concern such that Forrester bore the burden to prove falsity and fault.

## Decision

- The Alabama Court of Civil Appeals affirmed the trial court’s summary judgment for WVTM.
- The court concluded Forrester did not produce substantial evidence of falsity or actionable defamation based on the broadcast as aired.
- The court treated the report that the adult “slapped the child twice” as consistent with the undisputed conduct shown by the videotape and therefore not materially false.

## Legal Principles

- Summary judgment is proper when there is no genuine issue of material fact and the movant is entitled to judgment as a matter of law; appellate review is de novo.
- Under Alabama’s substantial-evidence rule, the nonmovant must present evidence of such weight and quality that fair-minded persons could reasonably infer the fact the nonmovant must prove.
- Defamation requires an actionable defamatory statement of fact; a plaintiff must identify a provably false factual assertion (not merely an unfavorable characterization tied to disclosed, true facts).
- Truth and substantial truth defeat defamation liability; minor differences that do not change the gist or sting of the publication are not actionable.
- When the publication involves a matter of public concern, the plaintiff bears the burden of proving falsity (and fault) before recovering damages.
- A broadcast that accurately reports the core event shown on video does not become defamatory solely because it is embarrassing or because viewers may draw negative conclusions from the depicted conduct.

## Conclusion

The court affirmed summary judgment for WVTM because Forrester failed to present substantial evidence that the station aired a materially false, defamatory statement of fact: the broadcast’s core report that an adult slapped a child twice matched the undisputed conduct captured on tape, and the segment’s context and presentation did not support defamation liability under Alabama law and First Amendment limits for speech on a matter of public concern.


Forrester v. WVTM TV, Inc., 709 So. 2d 23 (1997)