Why Ryan Howard And Ryan Zimmerman Can't Win Their Lawsuit Against Al Jazeera
By Matt Dolloff
BOSTON (CBS) -- After facing threats of lawsuits in the wake of their bombshell investigative documentary on doping in sports, Al Jazeera now has an actual lawsuit on their hands. But, as with any defamation case involving public figures, the plaintiffs will have a hard time proving it.
Baseball players Ryan Howard and Ryan Zimmerman, just two of several athletes named in Al Jazeera's program The Dark Side: Secrets of the Sports Dopers, have filed a lawsuit against Al Jazeera America for libel and invasion of privacy. Peyton Manning, easily the biggest name mentioned in the report, has said that he may also sue but will not deal with it until after the season.
Both complaints, which you can read below if you enjoy migraines, were obtained by Deadspin and allege that Al Jazeera "recklessly" published "outrageously false and defamatory statements" about Zimmerman and Howard, which has caused "unjust injury" to the "public image and reputation" of both players.
Despite this move looking in the public eye like a crusade against irresponsible journalism, that's all it's really designed to do: improve the public perception of Zimmerman and Howard in the wake of the report. They aggressively went after a news organization for false statements? Oh, they MUST be innocent!
The problem with Zimmerman and Howard's lawsuits is, they are public figures. This automatically foists a bigger burden of proof on their shoulders. They not only need to prove that Al Jazeera's statements were false, but that the statements were published with "actual malice," which would mean that Al Jazeera published the statements knowing they were false and intended to hurt the person's character.
The plaintiffs argue that Al Jazeera America published the report "in an attempt to stir scandal and increase Al Jazeera's low ratings," which seems like the "actual malice" part that they are trying to prove. This would be hard enough, but they will also have trouble proving that their statements were false in the first place.
Howard and Zimmerman both denied ever taking human growth hormone or Delta 2, or any other substance banned by Major League Baseball, and they both deny ever meeting or receiving advice from Charlie Sly. Both filings go into great detail about Al Jazeera's behind-the-scenes turmoil in the past year, as well as their failing ratings. This seems to be their reasoning for why Al Jazeera would knowingly publish false statements about Zimmerman, Howard, and several other athletes.
SEE ALSO: Peyton Manning Strongly Denies Report He Used HGH In 2011
The players will certainly point to the fact that they have never failed a drug test, but that hardly proves that they never took a banned substance; one of the documentary's major points of discussion is how easy it is to beat steroid tests and Sly's advice to athletes on how to do it. Considering Howard and Zimmerman's apparent connection to Sly's former business partner and Florida-based trainer Jason Riley, it will also be tough for them to prove that they never met with Sly or got any advice from him on taking PEDs.
I'm no law expert, but just looking at the crux of the plaintiffs' arguments, it may be impossible to prove actual malice on the part of Al Jazeera. Even if they did knowingly publish false statements in an attempt to boost ratings, that doesn't necessarily mean they did so with the intent to directly harm the character of the athletes involved.
Howard and Zimmerman may have an easier time proving false light invasion of privacy, but that would also require proof that Al Jazeera's statements were false. If they can't get past that obstacle, they can't win.
Ultimately, they may be attempting to pressure Al Jazeera into a retraction, which has just about no chance of happening, especially now that reporter Deborah Davies confirmed the existence of a second source, and even implied additional sources, who corroborated Sly's statements.
Howard and Zimmerman may be the ones on the offensive in this case, but as far as proof is concerned, the burden is entirely on them. Since they probably can't prove that their alleged transgressions didn't happen, they are leading a losing battle.
Matt Dolloff is a writer for CBSBostonSports.com. His opinions do not necessarily reflect that of CBS or 98.5 The Sports Hub. Follow him on Twitter @mattdolloff and email him at mdolloff@985thesportshub.com.
