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
