Defamation - Defenses

Question 1

The three defenses to Defamation are:

Answer 1

1) Consent; 2) Truth; 3) Privilege.

Question 2

To invoke the defense of Truth, defendant must show

Answer 2

the factual accuracy of the statement. Defendant bears the burden of proof.

Question 3

The two types of Privilege in defense of a Defamation claim are:

Answer 3

1) Absolute Privileges; 2) Qualified Privileges.

Question 4

Absolute Privileges hinge on

Answer 4

the status/role of the defendant in question.

Question 5

Absolute Privileges apply to

Answer 5

Spouses and Government Officers in the Conduct of their duties.

Question 6

Qualified Privileges arise when

Answer 6

there is a situation involving a public interest that encourages public candor.

Question 7

The conditions of invoking a qualified privilege are:

Answer 7

Statement must be made in good faith. Declarant must have a reasonable belief of truth in the statement. Declarant must confine statements to relevant matters

Question 8

The Special Case of Defamation regarding subject matter of public concern. The effect is to

Answer 8

raise the burdens on the plaintiff for a successful finding of defamation.

Question 9

The two additional elements that a plaintiff must prove in a case of defamation regarding a subject of public concern are:

Answer 9

1) The burden of proof concerning the falsity of the statement is shifted from defendant to plaintiff.
2) The plaintiff must show fault, which is contingent on whether the plaintiff is a public or private figure. If public plaintiff must show statement was made recklessly, or knowingly in a false fashion. If private plaintiff, lower burden, must simply demonstrate defendant’s negligence.