Defenses to Defamation Flashcards
1
Q
Defenses to Defamation
A
Consent, Truth, Absolute Privilege, Qualified Privilege.
2
Q
Consent
A
Complete Defense.
3
Q
Truth
A
Truth is a complete defense
4
Q
Absolute Privilege
A
remarks made during judicial proceedings
legislators during proceedings.
Federal executive officials, in “compelled” broadcasts.
Spousal communications.
5
Q
Qualified Privilege
A
reports of official proceedings, statements in the interest of the publisher, defense of one’s actions/property/reputation, statements in the interest of the recipient AND statement in the common interest of the publisher and recipient
6
Q
Losing the Qualified Privilege
A
Statement not within scope of privilege OR speaker acted with malice.
7
Q
Mitigating Factors to Damages
A
No malice, retraction, plaintiff’s behavior induced publication.
