Defamation

Question 1

What are the three elements of defamation?

Answer 1

1. D makes defamatory statement about P (adversely affects reputation)
2. Publication of statement (shared with someone other than P) Communication must be made intentionally or negligently.
3. Damages maybe

Question 2

What is libel?

Answer 2

Defamation written or otherwise embodied in permanent format

Damages presumed

Question 3

What is slander per se?

Answer 3

Spoken defamation

Categories:

1. P’s business or profession
2. P committed crime moral turpitude
3. Imputing unchastity to woman
4. P has loathsome disease

Damages presumed

Question 4

What is the NY tweak to the presumption you get libel damages?

Answer 4

If it doesn’t fall within the 4 slander per se categories and libel is not apparent or self evident from statement there is no presumption of damages.

Question 5

What must be proved to get slander non per se damages?

Answer 5

P must prove economic damages

Question 6

What are the defenses to defamation?

Answer 6

1) Consent 2) Truth 3) Privilege

Question 7

Can consent as a defense to defamation be express and implied?

Answer 7

Yes.

Question 8

What is the truth defence to defamation?

Answer 8

D can always demonstrate statement factually accurate; complete insulation from liability

Question 9

What are the two categories of privilege in regards to defamation?

Answer 9

1) Absolute privilege and 2) qualified privilege.

Question 10

What is absolute privilege re defamation defenses?

Answer 10

1. Spouses (if only published to spouse, total immunity to D)
2. Officers of government acting in scope official duties (including open court)

Question 11

What is qualified privilege re defamation defenses?

Answer 11

Arise when public interest in candor: recommendations, statements to police, others

D must speak in good faith and information must be relevant to purpose of privilege

Question 12

What makes something a matter of public concern re defamation?

Answer 12

Special case that increases P’s burden by two elements

1. P must prove falsity of statement in question
2. If
   (a) P is public figure: show D knowingly or recklessly made false statement
   (b) P is private figure: show D negligently made false statement

Question 13

In procedural law, the NY long arm statute excludes defamation from a category where you can exercise personal jurisdiction over an out of state defendant. What narrow instance can you get defamation in?

Answer 13

Where it is related to a business transaction in New York.

Must be more than isolated.

Question 14

When is qualified privilege recognized?

Answer 14

When the recipient has an interest in the information and it is reasonable for the defendant to make the publication of the statement.