Defamation and Privacy Flashcards
1
Q
Defamation: Definition
A
Defamatory statement of or concerning plaintiff published to a third party that results in damage
2
Q
Defamation: Elements
A
- Defamatory statement (not opinion)
- Of or concerning P (reasonable person understands)
- Publication
- Damages (presumed for libel and slander per se [crime, loathsome disease, chastity/impotence, business])
3
Q
Defamation: Public Figure
A
Falsity
-must prove
Fault
- actual malice
- knowledge of falsity
- reckless disregard for truth
4
Q
Defamation: Private Person/Public Concern
A
Falsity
-must prove
Fault
-at least negligence
5
Q
Defamation: Private Person/Private Concern
A
No fault
6
Q
Public Figure: Definition
A
One who has either
- achieved pervasive fame; or
- voluntarily assumes a central role in a particular controversy and the defamation is related to that role
7
Q
Defamation: Defenses
A
- Consent
- Truth (D has burden)
- Privilege
8
Q
Absolute Privilege
A
- legislature; judicial proceedings; executive official statements
- equal-time broadcasts
- communication between spouses
9
Q
Qualified Privilege
A
- Socially useful; and
- Relevant; and
- In good faith
10
Q
Press
A
Fair reporting of a public meeting
- accurately describes
- statements
- in public proceedings
11
Q
Appropriation of Name/Likeness
A
- Unauthorized use of P’s identity/likeness
- For commercial advantage
***Newsworthiness is a defense
12
Q
Intrusion Upon Seclusion
A
- Offensive Intrusion (reasonable person standard)
- Private (not public record)
- Publicity (widespread)
**Truth is NOT a defense
13
Q
Portrayal in a False Light
A
Attributing to P views he does not have or actions he did not take
- Highly offensive
- Publicity (widespread)
- *Truth IS a defense
- *Newsworthiness is a defense
**If public interest & public figure: must prove Malice
14
Q
Privacy Defenses
A
- Consent (to all four)
- Truth (for false light)
- Consent
- Privilege
- Newsworthiness (for appropriation, public disclosure)
