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