Essay issues - Defamation & invasion of privacy Flashcards
Defamation
A plaintiff may bring an action for defamation if defendant’s defamatory language is of or concerning the plaintiff; published to a third party; and damages plaintiff’s reputation.
Defamation elements?
Defamatory language - Language used must diminish the respect, esteem, or goodwill towards plaintiff.
Of or concerning P
Publication - Intentional or negligent communication to a third party.
Damage to P’s reputation - General damages are presumed if its libel. Damages are presumed if its slander re professional reputation, disease, crime, or sexual behavior.
Constitutional defamation requirements
- Falsity
- Fault - Public official/figure must prove D acted w/ actual malice (knowledge of falsity or reckless disregard as to its truth). Private must prove D acted w/ negligence or actual malice.
- Damage to P’s rep - Must prove actual damages. Punitive damages if acted w/ actual malice.
When do the constitutional defamation requirements apply?
When P is a public official/figure, or P is a private individual but the matter is of public concern.
Defenses
Truth
Consent
Absolute privilege - Remarks during judicial or legislative proceedings, or between spouses.
Misappropriation
Misappropriation is the unauthorized use of P’s name, likeness, or identity for D’s advantage. P must prove lack of consent and injury.
Intrusion upon seclusion
An intrusion upon seclusion is defendant’s act of intrusion into plaintiff’s private affairs that are objectionable to a reasonable person.
False light
Plaintiff must prove that D published facts about P that are highly offensive to a reasonable person.
Public disclosure of private facts
Public disclosure of private facts occurs when the publication would be highly offensive to a reasonable person and is not of legitimate concern to the public.
