Defenses to Defamation

Question 1

Truth

Answer 1

1. Modern view – must be basically true
2. Common law/minority view – had to be 100% complete true

Question 2

Statement of Opinion

Answer 2

An opinion is privileged unless published with reckless falsity.

Question 3

Constitutional Privilege

Answer 3

Held that if a person against whom the comment is made is a public figure or official then the defendant may assert the defense that the statement was made without actual malice
1. Actual malice standard – D knew statements were false or acted with reckless disregard for statements
2. NYT v. Sullivan – court has taken defamation out of common law and made it to a constitutional one

Question 4

Fair Comment Privilege

Answer 4

no liability for criticizing public officials if there is an issue of legitimate public concern

Question 5

Other Defenses

Answer 5

v. Privilege to report a judicial opinion
vi. Satire – as long as it is not believable
vii. Communications Decency Act 1996 Section 230 – ISPs are not liable for defamation and the provider is not considered a publisher of speaker