Defamation and Privacy Flashcards
Defamation
-Defamatory statement that specifically identifies plaintiff
-Published to a third party
-Falsity
-Fault
-Damage to reputation
Defamatory Statement
One tending to adversely affect one’s reputation.
Publication
Intentional or negligent communication of the defamation to a third person who understands it.
Falsity
At common law, the plaintiff did not have to prove falsity; truth was a defense.
Modern law requires the plaintiff to prove falsity as part of the case-in-chief.
Fault
Public Figure = actual malice
-knowledge of falsity or recklessness as to falsity
Private persons on a matter of public concern = negligence (for actual injury) or actual malice (for punitive damages)
Private persons on matter of private concern = likely negligence based on state law
Damage
Libel (written): the damage is presumed
Slander (spoken): must prove special damage (financial loss), unless it is slander per se
-about business
-committed serious crime
-sexual misconduct
-loathsome disease
Defamation Defenses
Consent
Absolute Privilege: comms between spouses or made during governmental proceedings
Qualified Privilege: public interest in encouraging candor
Privacy Torts
Appropriation
Intrusion on Seclusion
False Light
Public Disclosure
Appropriation
Unauthorized use of photo or name for commercial advantage
Intrusion
Intruding on something private, in an act that is highly offensive to a reasonable person
False Light
Attributing false views or actions to a plaintiff, that would be highly offensive to a reasonable person, and circulating it to the public at large.
-if a matter of public interest, must prove actual malice
Disclosure
Public disclosure of private information about the plaintiff, that would be highly offensive to a reasonble person.
