Defamation Flashcards
defamation
a false statement concerning P, made by D to at least one person other than P, that is harmful to P’s reputation
D made
1. false statement
2. concerning P
3. to a 3P
4. harmful to P’s reputation
5. fault
6. falsity (if public aspect)
libel
a written defamatory statement
usually presumed damages
TV and radio broacasts included
slander
a spoken defamatory statement
P must prove special damages (specific economic loss)
slander per se
a defamatory statement that either:
* adversely reflects on P’s business or professional reputation
* claims that P has a loathsome disease
* claims that P committed a crime of moral turpitude, or
* imputes a woman’s chastity
defenses to defamation
- consent
- truth
- privilege
defamation (CL elements)
CL elements
1. a false (intentionally or negligently)
2. defamatory statement
3. concerning P (or small group)
4. publication
5. harmful to P’s reputation
NO fault required
liability for republications
republisher liability same as OG publisher
EXCEPT internet service providers (ISPs)
public figure
one who has pervasive fame or notoriety or who voluntarily assumes a central role in a public matter
public official
public office holder
fault
public officials or figures: actual malice standard
- knowledge or reckless disregard of the statement’s falsity
**private figure: **negligence standard
falsity
public officials and figures: must prove falsity
private figures: must prove ONLY if speech pertains to matter of public concern
BUT some states require D to prove truth if private figure/speech
two types of privilege
- absolute
- qualified
absolute privilege
protects statements by govt officials in their official capacity
qualified privilege
D’s liability for defamatory statements is limited where:
1. P invites the statement and/or recipient has interest
* employment reference, credit report, letter of rec
2. statement is in public interest
* book review, statement to parole board
