Parshas Maatos: Loshon Hara if the Information is Public

Q: " Dear HalachaBoy, I just found out a friend of mine got arrested. Since it is being reported in the newspapers am I allowed to tell people?" A: Dear Friends in the Pound, Thank you for taking the time and writing to me, it is exciting to see people actually read what I write. In regards to your question I think the best way to answer, is to actual break your question into two separate questions. First, since the newspapers are reporting it the fact must exist that your friend did actually get arrested (newspapers only report things that they verify {or so we hope}). Thus, the first question we must deal with is the question of is it Loshon Hara to tell the truth? The Chofetz Chaim points out in his Sefer aptly called Chofetz Chaim that it is forbidden to speak disparagingly of one's friend even if the information is entirely truthful. That is the defintion of ashon Hara. If the information also contains any fabrication or falsehood that is called motzi shem ra (lit. putting out a bad name). Motzi Shem Ra is an even worse sin that Loshon Hara. Secondly, since the newspapers are reporting in it can be assumed that 3 people already know. The Gemara records a leniency that if 3 people already know the fact that you wish to convey, then your conveying it is not loshon hara. Would that apply here, and thus allowing me to tell others? With regard to the leniency stated by the Sages of the Talmud about speaking L"H to a group of 3 or more (Erchin 15b), this refers to something which is not absolutely derogatory, but rather something which could be taken one way or the other. Only for such ambiguous statements, about which one can only know what was meant if he actually heard how the information was said, does the leniency of "bifnei shlosha" (Heb. for "in front of three") apply. Many people misquote this leniency to allow any type of Loshon Hara as long as it is already public knowledge. Yet, clearly the gemara only allows you to say something that is ambiguous, and definitely not something negative. Thus it seems from this that even though the fact your friend got arrested is quoted in the newspapers, still you would not be allowed to tell other people. However, if you must retell this information at least try to construe it in an ambiguous way and leave it to the listener to interpret the facts. (i.e. "that candy bar looks good, I'm sure if Yankel was here he would get it" letting the listener try to figure out if "get" means to purchase or steal. As we have reached the Three Weeks we should all try a little harder to keep from speaking loshon hara. Unfortunately, in America everywhere you look there is loshon hara (tabloids, tv, newspapers) it has become a part of us. Let us try to work on this-- It's not easy, but any progress will surely be seen and rewarded by Hashem