ONE TECHNOLOGICAL STEP FORWARD AND TWO LEGAL STEPS BACK: DIGITALIZATION AND TELEVISION NEWSPICTURES AS EVIDENCE AND AS LIBEL

The Federal Rules of Evidence made admissible, as evidence, film and videotape. In the past, these were generally viewed as reliable. However, with the advent of digital technology, videotapes can now be substantially and undetectably altered. Undoubtedly, this will have an impact on the use of videotape for proving the falsity element in libel and false light privacy invasion actions. In this article, the author explores the use of film and videotape as evidence and concludes that, in light of technological advances, the admissibility of videotape will have to be reconsidered.