Defamation Flashcards
What are the elements of defamation?
1) D made a defamatory statement that specifically identifies P.
2) The statement was published to a third party
3) Falsity - the statement was false
4) The D was at fault - statement not made in good faith
5) Damages (not always required) depends on the case.
What is required for there to be a defamatory statement?
The statement must adversely affect the reputation of the P.
It must be a seemingly factual statement that affects some character trait and reputation in the community’s estimation
True or False: If P dies, P can bring a defamation action v. estate.
False P must be alive.
True or False: Name calling is enough for there to be a defamatory action
False
If statement is not defamatory on its face, what can P prove?
Innuendo via incorporation of facts
For there to be a publication of a statement, what is requried?
It must be reproduced to a third party - negligence is generally enough in the case of a private person
If a newspaper publishes a defamatory statement, what is their liability?
Primary Publisher
What is the liability of someone who sells the newspaper with defamatory statement?
Republisher - 2nd liability
What is libel
Defamatory statement preserved in a permanent form
True or False: You have to prove damages in libel?
False - damages are presumed - but the more you prove, the more you get. Not apply if the media is the defendant
True or False: If the media is the Def. damages for libel are presumed.
False - never - must be proven
What is Slander Per Se
Statements about:
1) Business or profession
2) Statement about a serious crime - affects honesty or involves violence
3) Statement about unchastity of woman
4) Statement about loathsome disease
Are damages presumed for Slander Per Se?
Yes
What is Slander?
Defamatory statement that is oral or spoken
What is required for matters not slander per se
Prove damages - show economic harm, harm to reputation - can recover mental anguish and humiliation
What are defense to defamation?
Consent
Truth
Privilege - absolute/qualified
Who holds absolute priv?
Spouses
Officers of 3 branches of govern in course of their work
What is qual priv?
When there is a public interest in candor
- Should be honest and reasonable basis for making the statement
- Information should be related to the subject matter
Can be found in official proceeding
Statement for publisher’s interest
Statement for recipients interest
Or for P/R Interest
What is the standard to defeat qual priv in Florida?
Express malice - it was the primary motive to injure by preponderance of evidence
What is the NY Times standard not followed in FL?
Actual malice - knew statement was false or were reckless about its truth
What are matters of public concern
Newsworth
Spur public discourse
About official/celeb
What does a public figure have to show
Express malice - actual injury
What does private figure have to show?
Negligence is enough
What do you have to show for violation of appropriation of name or picture?
Use without consent for commercial purpose
Causation/Damages
