Defamation

Question 1

What are the elements of defamation?

Answer 1

• A defamatory statement that specifically identifies the plaintiff
• Published to a third party
• Damage to the plaintiff’s reputation
• Falsity of the defamatory language
• Fault on the part of the defendant (public figure must prove actual malice, private persons must prove negligence of matter of public concern)

Question 2

What is libel?

Answer 2

Libel is a defamation that is embodied in permanent form. It is often a written or printed publication of defamatory language.

Question 3

What is slander?

Answer 3

Slander is spoken defamation. The plaintiff must prove special damages, unless the defamation falls within one of the slander per se categories.

Question 4

What is slander per se?

Answer 4

These are defamatory statements that:
* Adversely reflect on the plaintiff’s business or profession
* State that the plaintiff has committed a serious crime
* Impute that the plaintiff has engaged in serious sexual misconduct
* State that the plaintiff has a loathsome disease

Question 5

What are the defenses to defamation?

Answer 5

Consent, truth, privilege (absolute and qualified)

Question 6

What is invasion of right to privacy?

Answer 6

• Appropriation of the plaintiff’s picture or name
• Intrusion on the plaintiff’s affairs or seclusion
• Publication of facts placing the plaintiff in a false light
• Public disclosure of private facts about the plaintiff