To anyone reading this post, you might want to peruse the following. It seems that North Carolina has only two specific references to the 'crime' of libel, and then only in regards to newspapers, periodicals and/or radio/television stations. And unless I'm going blind (no comments please) since this matter does not involve any of the above, under what premis of law is a libel claim going to be brought? (veeely interesting he said in his Sgt. Schultz voice)
North Carolina statutes:
Article 12.
Libel and Slander.
§ 14-47. Communicating libelous matter to newspapers.
If any person shall state, deliver or transmit by any
means whatever, to the manager, editor, publisher or reporter of
any newspaper or periodical for publication therein any false
and libelous statement concerning any person or corporation, and
thereby secure the publication of the same, he shall be guilty
of a Class 2 misdemeanor. (1901, c. 557, ss. 2, 3; Rev., s.
3635; C.S., s. 4229; 1969, c. 1224, s. 1; 1993, c. 539, s. 25;
1994, Ex. Sess., c. 24, s. 14(c).)
Chapter 99.
Libel and Slander.
§ 99-1. Libel against newspaper; defamation by or through radio
or television station; notice before action.
(a)Before any action, either civil or criminal, is
brought for the publication, in a newspaper or periodical, of a
libel, the plaintiff or prosecutor shall at least five days
before instituting such action serve notice in writing on the
defendant, specifying the article and the statements therein
which he alleges to be false and defamatory.
(b) Before any action, either civil or criminal, is brought
for the publishing, speaking, uttering, or conveying by words,
acts or in any other manner of a libel or slander by or through
any radio or television station, the plaintiff or prosecutor
shall at least five days before instituting such action serve
notice in writing on the defendant, specifying the time of and
the words or acts which he or they allege to be false and
defamatory. (1901, c. 557; Rev., s. 2012; C.S., s. 2429; 1943,
c. 238, s. 1.)
§ 99-2. Effect of publication or broadcast in good faith and
retraction.
(a)If it appears upon the trial that said article was
published in good faith, that its falsity was due to an honest
mistake of the facts, and that there were reasonable grounds for
believing that the statements in said article were true, and
that within 10 days after the service of said notice a full and
fair correction, apology and retraction was published in the
same editions or corresponding issues of the newspaper or
periodical in which said article appeared, and in as conspicuous
place and type as was said original article, then the plaintiff
in such case, if a civil action, shall recover only actual
damages, and if, in a criminal proceeding, a verdict of "guilty"
is rendered on such a state of facts, the defendant shall be
fined a penny and the costs, and no more.
(b) If it appears upon the trial that such words or acts were
conveyed and broadcast in good faith, that their falsity was due
to an honest mistake of the facts, or without prior knowledge or
approval of such station, and if with prior knowledge or
approval that there were reasonable grounds for believing that
the words or acts were true, and that within 10 days after the
service of said notice a full and fair correction, apology and
retraction was conveyed or broadcast by or over such radio or
television station at approximately the same time of day and by
the same sending power so as to be as visible and audible as the
original acts or words complained of, then the plaintiff in such
case, if a civil action, shall recover only actual damages, and
if, in a criminal proceeding, a verdict of "guilty" is rendered
on such state of facts, the defendant shall be fined a penny and
costs, and no more. (1901, c. 557; Rev., s. 2013; C.S., s. 2430;
1943, c. 238, s. 2.)
§ 99-3. Anonymous communications.
The two preceding sections [G.S. 99-1 and 99-2] shall not
apply to anonymous communications and publications. (1901, c.
557, s. 3; Rev., s. 2014; C.S., s. 2431.)
§ 99-4. Repealed by Session Laws 1975, c. 402.
§ 99-5. Negligence in permitting defamatory statements by
others essential to liability of operator, etc., of
broadcasting station.
The owner, licensee or operator of a visual or sound
radio broadcasting station or network of stations, and the
agents or employees of any such owner, licensee or operator,
shall not be liable for any damage for any defamatory statement
published or uttered in or as a part of a visual or sound radio
broadcast, by one other than such owner, licensee or operator,
or agent or employee thereof, unless such owner, licensee or
operator shall be guilty of negligence in permitting any such
defamatory statement. (1949, c. 262.)