Defamation/Defamation Defenses

Defamation Defenses

1. Truth 2. Consent 3. Absolute Privilege 4. Qualified Privilege

absolute privilege circumstance

1. judicial proceeding 2. legislative proceeding 3. between spouses 4. required publication by radio, tv, or newspaper

A plaintiff may bring an action of defamation if the D:

1. made a defamatory statement 2. that is about or concerning the P (reasonable person beliefs it is about P).; 3. Communicated to a 3rd party 4. P's reputation is damaged 5. Statement is false

Statements referring to a group

A member of said group can bring an action ONLY IF the group is so small that it's reasonable to believe it was referencing that specific member.

Constitutional Requirements : What is public figure? What must she prove?

General purpose public figure is a person of persuasive power and influence Limited Purpose public figure is a person who thrusts himself into a particular controversy Prove the person knew the statement was false or they acted with actual malice (reckless disregard for the truth) prove actual damages

Libel Defamation v. Slander Defamation

Libel is written defamation prove general damages Slander is spoken defamation. Prove special damages (concrete, measurable economic loss)

Constitutional Requirements: What is a private person? What must a Private person prove?

Matter of public concern: P must prove statement is false and person was at least negligent with respect to falsehood. Not a matter of public concern: unclear if constitutional limits apply. prove malice

Are internet providers publishers?

No, not for purposes of defamation.

Constitutional Defamation Requirements apply if :

These requirements apply if P is a: 1. public official, 2. public officer 3. private individual, but statement involves a matter of public concern.

What sorts of statements are considered slander per se, such that a plaintiff alleging slander need not prove special damages?

damages are presumed when statements involve professional reputation, disease, crimes of moral turpitude, or unchase behavior.

What is defamatory language?

language that lowers P's reputation in the eyes of others or deters others from associating with P.

Constitutional Requirements: What is a public official? What must she prove?

person who has substantial responsibility or control over gov't office. Includes political candidates Prove the person knew the statement was false or they acted with actual malice (reckless disregard for the truth. prove actual damages