Defamation & Invasion of Privacy Flashcards
What are the elements of common law Defamation?
The elements of common law defamation are:
(1) a defamatory statement (language tending to adversely affect one’s reputation),
(2) of or concerning the plaintiff,
(3) published (i.e., communicated) by the defendant to a third person,
(4) causing harm to plaintiff’s reputation.
What is Slander?
Slander is oral defamation. Unless slander per se, one must prove special damages.
What is Slander Per Se?
Slander per se involves defamatory statements that:
(1) adversely reflect on one’s conduct in a business or profession,
(2) one has a loathsome disease,
(3) one committed a crime of moral turpitude, or
(4) a woman is unchaste or a man is impotent.
What is Libel?
Libel is written (often broadcast) defamation. Generally, damages are presumed and the plaintiff need not prove special damages.
When do Constitutional First Amendment concerns arise regarding a statement?
Where a statement is a matter of public concern, a plaintiff must prove 2 additional elements:
(1) falsity, and
(2) fault.
What additional requirements are there when the plaintiff is a Public Figure?
If the plaintiff is a public official or figure, he must prove defendant made the allegedly defamatory statement with actual malice—knowledge it was false or with reckless disregard as to truth or falsity. A public figure is one who is intimately involved in the resolution of important public questions or, by reason of their fame, shape events in areas of concern to society. If malice is found, damages are presumed and punitive damages are available.
When is a statement about a private person a matter of public concern?
Where the plaintiff is a private person and the defendant’s statement was one of public concern, the defendant must have been at least negligent in making the statement, but only actual injury damages are recoverable. If malice is found, though, damages are presumed and punitive damages are available.
What are the Defenses to Defamation?
The following are or may be defenses to defamation:
(1) consent,
(2) truth,
(3) absolute privilege; and
(4) qualified privilege.
Is Consent a complete defense?
Consent is a complete defense.
Is Truth a complete defense?
Where the plaintiff need not prove falsity (i.e., the matter is private), the defendant may prove truth as a complete defense.
When is a statement made with Absolute Privilege?
If a statement is made in
(1) the proper discharge of an official government duty,
(2) a legislative proceeding,
(3) judicial proceeding, or
(4) any other official proceeding authorized by law, the statement is protected even if false or made with malice. Remarks between spouses are also absolutely privileged.
When is a statement made with a Qualified Privilege?
If the statement is made without malice, and within the scope of the privilege, a speaker may have a qualified privilege for:
(1) reports of official proceedings,
(2) statements in the publisher’s interest (e.g., defense of one’s actions, property, or reputation,
(3) statements in the recipient’s interest (e.g., employment recommendations), and
(4) statements in the common interest of the publisher and recipient.
What are the four theories of Invasion of Privacy?
Invasion of privacy includes 4 wrongs:
(1) intrusion,
(2) public disclosure of private fact,
(3) false light, and
(4) appropriation.
What is Intrusion Upon Seclusion?
Intrusion upon seclusion is:
(1) the unreasonable and serious interference with another’s interest in not having his affairs known to others
(2) that is highly offensive to a reasonable person.
What is Public Disclosure of Private Facts?
Public disclosure involves:
(1) the public disclosure
(2) of private information (i.e., something that is not of legitimate public concern)
(3) in a manner that is highly offensive and objectionable to a reasonable person of ordinary sensibilities.
