Defamation

Question 0

Re: Defamation

What must a defamatory statement have?

Answer 0

Must be false and defamatory

Question 1

Re: Defamation

What are the elements?

Answer 1

1. Defamatory Statement
2. “Of or concerning” plaintiff
3. Falsity
4. Publication
5. Fault
6. Special Harm
7. Damage

Question 2

Re: Defamation

What’s publication?

Answer 2

A communication of that statement to a person other than the plaintiff

Question 3

Re: Defamation

What is Special Harm?

Answer 3

A harm of pecuniary nature, or the action ability of the statement despite the non-existence of such special harm.

Question 4

Re: Defamation

Does a defamatory statement actually have to harm plaintiff’s reputation?

Answer 4

No. The fact that if the statement would have been believed, it would have harmed the plaintiff’s reputation.

Question 5

Re: Defamation

Interpretation of Statements

Answer 5

1. Statement becomes defamatory when extrinsic facts are known.
2. Statement was reasonably interpreted by one recipient to refer to plaintiff
   3.

Question 6

Re: Defamation

What party has the burden of proving the statement is true?

Answer 6

Defendant

Question 7

Re: Defamation
Which party has the burden of proving statements to be false?
If defendant is is a media organization, and
statement involves public interest.

Answer 7

Plaintiff

Question 8

Re: Defamation
Which party has the burden of proving statements to be false?
If person is not in media org.., or the plaintiff is a public figure and statement is not of public interest

Answer 8

Defendant

Question 9

Re: Defamation

Can a statement of pure opinion ever be defamatory?

Answer 9

No.

Question 10

Re: Defamation

Available Defenses?

Answer 10

1. Compensatory Damages
   - -Pecuniary Loss
   - –lost earnings (from being fired due to def.’s statement said to pla.’s boss)
   - –humiliation,illness, lost friendship
2. Punitive Damages
   - –public figure (if P shows D knew statements were false)
   - –private figure & private matter (if P shows d was negligent)
3. Nominal Damages
   - –to clear P’s name