Defamation

Question 1

Defamation

Answer 1

Elements:

(1) Defamatory statement;
(2) of or concerning the plaintiff
(3) publication, which means communication of the statement to a third person
(3) harm
(5) falsity of the defamatory language
(6) fault

Question 2

Defenses, Truth

Answer 2

Complete defense to defamation

Question 3

Defenses, Privilege

Answer 3

A qualified privilege exists if the statement is made without malice, and to a person interested therein, (1) by one who is also interested, or, (2) by one who stands in such relation to the person interested as to afford a reasonable ground for supposing the motive for the communication to be innocent, or (3) who is requested by the person interested to give the information

Question 4

Public Officials

Answer 4

May not recover damages for a defamatory falsehood relating to his official conduct unless he proves that the statement was made with actual malice: knowledge that it was false or reckless disregard for its falsity. Also applies to public figures.