UTAH -- A Milford teen spent seven days in a juvenile
detention center and was forced to leave the state after being
charged with criminal libel for allegedly making libelous statements
on his personal Web site.
Ian Lake will face a misdemeanor charge of criminal libel for
referring to his principal as "the town drunk," naming
girls at his high school as "sluts" and making derogatory
remarks about the intelligence of several teachers.
In typical civil libel suits, if an individual is libeled that
person can only recover monetary damages from the person who defamed
them. In the rarely used criminal libel charge, the state can
prosecute a person for libel and impose jail time.
Lucy Dalglish, the executive director of the Reporters Committee
for Freedom of the Press, a journalist and First Amendment advocacy
group, said criminal libel laws are almost never used anymore
because most states find them unnecessary and even unconstitutional.
"It is a highly unusual thing to do," Dalglish said.
"There is no reason to [use it] because there's a remedy
-- if you libel an individual that individual can recover damages."
The last time a journalist was charged with criminal libel
in Utah was in 1895, but the statute was used in 1987 to send
then-Salt Lake County Attorney Ted Cannon to jail for 30 days
for derogatory remarks he made about a TV journalist.
Dalglish said Utah is definitely not the norm in its use of
the criminal libel statute.
"I find it curious that they would prosecute a high school
student under a criminal statute," Dalglish said. "Utah
is definitely in the minority. "
Lake created his Web site in response to other, similar sites
made by fellow classmates that contained derogatory remarks about
his friends and girlfriend. His father, David Lake, said his son
spent time researching libel statutes to ensure he was within
the parameters of the law.
"I'm not condoning what he did morally, or socially even,
but he did look at all legal issues involved," David Lake
said. "He tried to construct his Web site in such a way that
even though it was trash, it was legal trash."
Ian was released from the juvenile detention center to live
with a grandparent in California. The date for his arraignment
has not yet been scheduled.