Defamation

Question 1

What is the test for defamation?

Answer 1

A defamatory statement that specifically identifies the plaintiff + publication + damages

Question 2

What should the defamatory statement do to a plaintiff?

Answer 2

Potentially damage the reputation.

Question 3

Can a deceased person have an interest in preventing a defamatory statement?

Answer 3

No, the plaintive has to be alive when the statement is made

Question 4

Can publication of the defamatory statement be negligent?

Answer 4

Yes, negligent or intentional publication of a defamatory statement still counts

Question 5

If only a very small number of people have access to the published statement, can a defamation still be committed?

Answer 5

Yes, the number of people who hear the statement does not impact whether it is published, it only goes to damages

Question 6

What is libel?

Answer 6

A defamatory statement in a permanent format (usually written)

Question 7

What is slander?

Answer 7

A defamatory statement made orally

Question 8

When will damage to reputation be presumed?

Answer 8

Libel cases and slander per se cases

Question 9

What counts as slander per se?

Answer 9

1. Statement is spoken about the plaintiffs business/profession
2. Statement that the plaintiff has committed a serious crime (of violence or dishonesty)
3. A statement that a woman is sexually active when unmarried
4. A statement that the plaintiff suffers from a loathsome disease

Question 10

If slander is not per se what is the plaintiff required to prove in order to recover?

Answer 10

Actual damage to reputation. Social emotional harm are insufficient to recover

Question 11

For matters of public concern or involving a public official/figure what additional tasks must be proved?

Answer 11

Falsity of the statement + fault

Question 12

If a public official OR public figure is bringing a claim for defamation, what must they prove it?

Answer 12

Actual malice + falsity + fault

Compensatory damages will be presumed and punitive damages may be recovered.

Question 13

What is the standard for a private figure seeking to recover where a matter of public concern is published in a defamatory statement?

Answer 13

Negligence + actual injury

Question 14

What is the standard that a private figure must show the publication of a statement relating to a matter of private concern?

Answer 14

The plaintiff any need to show publication of the defamatory statement. No negligence or at your

Question 15

What damages may a private figure recover if the statement is published regarding a matter of public concern?

Answer 15

Compensatory damages for actual injury. However presumed a punitive damages require the plaintiff to show actual malice.

Question 16

What damages me a private figure recover where their claim relates to a defamatory statement of private concern?

Answer 16

Compensatory damages for actual injury; presumed or punitive damages do not require actual

Question 17

Does a private figure seeking to recover for a statement made about a private matter need to show fault or falsity?

Answer 17

Not required. Only for public officials/figures or a private figure with a matter of public concern

Question 18

What are the defence to defamation?

Answer 18

1. Express/implied consent
2. Truth
3. Privileges (Absolute or Qualified)

Question 19

In defamation cases, when might the absolute privilege apply for making a defamatory statement?

Answer 19

It include spouses communicating with one another, or

Government officials engaged in their official duties