Newspaper Tort Liability for Harmful Advertising

Abstract

The liability of being a “conduit” for harmful product or service advertisements has been considered in only a few reported cases. Two New York decisions, however, indicate reckless behavior might make a mass medium liable for a consumer's injury. To avoid such liability, a newspaper should ask an advertiser for information to support the truthfulness of his claim, at least when the advertiser's reliability is questionable and there is reason to believe his message could be “dangerous.”