Defamation - Defenses

Question 1

Truth

Answer 1

if the statement is true, then there is no defamation

Question 2

Statement of Opinion

Answer 2

An opinion is privileged unless published with reckless falsity.

Question 3

Constitutional Privilege

Answer 3

if a comment was made towards a public official, then the defendant may assert the defense that the statement was made without actual malice - meaning they did know it was false & they were not reckless with its publication

Question 4

Fair Comment Privilege

Answer 4

no liability for criticizing public officials if there is an issue of legitimate public concern so long as there is no actual malice

Question 5

Privilege to report a judicial opinion

Answer 5

It is not defamation or invasion of privacy if a judicial opinion is reported or republished, because judicial opinions are on the public record

Question 6

Satire

Answer 6

Individuals are allowed to engage in satire as long as it is not believable

Question 7

Communication Decency Act of 1996

Answer 7

ISPs are not liable for defamation since they are not considered a publisher or speaker