Defamation

Remedies for Defamation

(GENERALLY ACCEPTED) - Reply (allows victim to respond in publication, forced speech) - Retraction (NOT USUALLY BUT:) - Injunctions

Privilege of Record Libel Elements

* Information obtained form public proceeding * Must fairly and accurately reflect what was in public record * Source should be clearly noted

Actual Malice

* Knowledge of falsity (or) * Reckless disregard for the truth

Public Officials/ Figures must:

* Prove ACTUAL MALICE

Private individuals must:

* Prove NEGLIGENCE (or some level of fault) BUT: If you want PUNITIVE DAMAGES, then you must prove ACTUAL MALICE.

Ambiguity

* Some statements are ambiguous * Judge must decide if the statement is defamatory * Jury decides if that meaning was was intended * Punctuation can change meaning of words

How does defamation apply to corporations?

* They have reputations (defamation) * Attack must affect profit-making ability * Non-profits = attack must affect ability to obtain financial support * Can't sue if undertaking governmental work

State Defenses to Defamation

* Truth * Privilege (Absolute, Qualified) * Anti-SLAPP * Statute of Limitations * Jurisdiction

Elements of Defamation

1. False statement of fact 2. That is published 3. Of and concerning the plaintiff 4. Causes damage (harm) 5. Fault (Actual Malice or Negligence)

General Damages

Damages to a person's reputation (emotional harm, mental anguish)

Qualified Privilege

Fair comment and criticism

Neutral Reportage

Immunity from defamation suits if a journalist reasonably believes in good faith his report accurately conveys charges made. SOME COURTS do not recognize it. some reject it.

Absolute Privilege

Information that was confidential (patient-doctor confidentiality)

Defamation

Injuring a person's character or reputation by false and harmful statements

Libel per quod

Injurious statement needs to be proved (less obvious)

Libel per se

Libel that is clear on its face (ex. you murdered me)

Nominal Damages

Low compensatory -- jury finds guilty, but no real harm ($1)

Punitive Damages

Meant to punish the defendant for misbehavior

Slander

ORAL defamatory statements injurious to the reputation of a person.

Damages for Slander

Plaintiff MUST PROVE SPECIAL DAMAGES in order to have the opportunity to prove GENERAL DAMAGES

Elements of Libel

Plaintiff can recover GENERAL DAMAGES w/o showing SPECIAL DAMAGES

Libel-Proof Plaintiffs

Plaintiff's reputation is so poor that additional false statements cannot cause further harm ex. Guccion v. Hustler

Special Damages

SPECIFIC, provable monetary losses (loss of income)

Involuntary Public Figure

Thrust into the public's eye with no purposeful action of his/her own.

Libel

WRITTEN, printed, or pictorial statement that damages a person by defaming his/ her character