Defamation & Invasion of Privacy

Question 1

Defamation requirements

Answer 1

1. a defamatory statement about the P
2. an unprivileged publication of the statement
3. fault (at least negligence); and
4. damages

Question 2

Libel

Answer 2

Defamatory statement is written or recorded ——- damages are presumed

Question 3

Slander (CLUB)

Answer 3

Damages presumed if within 1/4 of categories (slander per se):

1. committing a crime of moral turpitude
2. suffering from a loathsome disease
3. unchastity if the P is a woman; or
4. something that reflects badly on the P’s business or profession

Question 4

Public figure cases

Answer 4

If P is public figure, he must also prove that the statement is false and that the D acted w/ malice

• Malice = D knows the statement is false or acts w/ reckless disregard as to whether it is true or false

Question 5

Defenses

Answer 5

1. consent
2. truth
3. privileges
   
   • absolute = made during legislative, executive, or judicial proceedings; or
   • qualified = when candor is encouraged

Question 6

Invasion of privacy (FAID)

Answer 6

1. false light
2. Appropriation
3. Intrusion
4. Disclosure

Question 7

False light

Answer 7

D widely spreads facts about the P, which places P in a false light that would be offensive to a reasonable person

Question 8

Appropriation

Answer 8

D uses the P’s name or likeness in an unauthorized way to advertise a product

Question 9

Intrusion

Answer 9

D intentionally pries or intrudes into a private place in a way that would be offensive to a reasonable person

Question 10

Disclosure

Answer 10

D widely disseminates or publishes private information about the P that would be highly offensive a reasonable person

Question 11

Invasion of privacy defense

Answer 11

Consent = defense to all FAID torts

Defamation privileges apply to false light and disclosure