Defamation and Others Flashcards
Defamation
Defamatory statemetn involving P
defamation statement - statement that tends to adversely affect your reputation or deter third persons from associating with this person. practical matter - an allegation of fact that reflects adversely on some trait of character statement of opinion is generally not defamatory because not subject to true/false analysis. MUST IMPLY FACT IN THE OPINION
publication - must be heard by a third party
damages can be presumed
Libel
LIBEL - any defamation which is embodied in permanent form - printed, or whatever.
Slander
any defamation which is spoken or oral in nature
slander per se - damages are presuemd
types = (1) any sttmeent related to business or profession, (2) statement that a P has committed a serious crime (honesty or violence), (3) statement that imputes unchastity to a woman, (4) statement that a P suffers from a loathsome disease (leprosy and STDs)…DAMAGES PRESUMED FOR THESE
If it is not slander per se, then damages must be proven and must be economic
damages
look to reputational damages because reputation is assumed to be economic
target of defamation
pulic figure - must prove actual malice (statemnte was made with knowledg eof false or reckless disregard for truth)
private figures must show at least negligence as to truth and actual injury
Defenses
- truth
- privilege for statements in judicial legislative or executive proceedings (e.g. can’t be sued for what you said about someone in trial)
- c. Qualified privilege for matters in the interest of the publisher and/or the recip- ient (may be lost if the statement is outside the scope of the privilege or made with actual malice) (e.g. - references and recommendations (can be honest) but conditioned on (1) must have reasonable and good faith basis for making the statement(this must be an honest mistake) and (2) matters relevant to the subject on hand
- consent
