Defamation

Question 1

Defamation Definition

Answer 1

A statement is defamatory if it is a false statement of fact of or about the plaintiff which hurts their reputation with publication, fault by the defendant, and causes damage.
Statement of fact: not an opinion
Hurting reputation: harming their esteem in the community
Publication: Any communication to at least one third party who heard and understood the statement.

Question 2

Media Defendant

Answer 2

A plaintiff who gives written notice 5 days prior to the suit to print a retraction, and the defendant prints the retraction and the original publication was made in good faith, only actual damages can be recovered.

Question 3

Private person being defamed

Answer 3

A private person being defamed must prove the defendant was negligent in what he published.

Question 4

Public person being defamed

Answer 4

A public figure being defamed must prove the defendant acted with actual malice. That is, the defendant knew or should have known of the falsity and published it anyway.

Question 5

Slander

Answer 5

Slander is spoken damages and the plaintiff must prove economic loss.
Slander per se: If a statement is so clearly defamatory that an ordinary person would understand that injury, damages will be presumed. These statements are those that affect the plaintiff’s business, discuss the chastity of a woman, accuse the plaintiff of a Serious crime/sexual misconduct, or claim the plaintiff has a loathsome disease.

Question 6

Libel

Answer 6

Written defamation. Damages presumed in libel.

Question 7

Qualified Privilege

Answer 7

Statement made in good faith by someone interested in the subject matter and made in a proper manner.