Defamation (Drunks)

Drunks

Defamation (General Rule)

Under tort law, defamation is a false and defamatory statement, published intentionally or negligently to a third person, that the third person understood applied to the plaintiff, and which caused damage to the plaintiff. In order to recover damages, in addition to proving each element of defamation, the plaintiff is required to show that he or she has made a demand for a retraction from the defendant that would be given equal publicity, and the plaintiff must show that the defendant has refused to give the retraction.

Defamatory

A statement is defamatory if it holds one up to hatred, contempt, disgrace, ridicule, or causes shunning or damage in occupation.

Slander (Slander / Slander Per Se)

Slander, which is defamation that is published through the spoken word, requires proof of special pecuniary damages that flow directly from the defamation. Once these are proved, general damages are recoverable.

Slander Per Se (Slander / Slander Per Se)

Slander per se results from a slanderous statement that is sufficiently serious to allow the plaintiff to recover without proof of special damages. The slanderous statement must allege criminal behavior, loathsome disease, unchastity, or improper business practices. For slander per se, the plaintiff is not required to prove special damages in order to recover general damages.

Libel Per Se (Libel / Libel Per Se)

Libel Per Se is a statement which is clearly defamatory on its face, meaning that inducement and innuendo are not needed to establish the fact that the statement is defamatory. For libel per se, proof of special damages is not required, and general damages are presumed.

Libel (Libel / Libel Per Se)

Libel is written defamation.

Special Damages for Defamation (Damages)

As the term is used in the law of defamation, special damages are those of a pecuniary nature, such as loss of a job or loss of customers or business.

Libel Per Quod

Libel per quod is not defamatory on its face but is defamatory only when viewed in light of outside circumstances, meaning that the inducement and innuendo are needed to establish the defamation. Libel per quod requires proof of special damages in some jurisdictions.

Colloquium

Colloquium is the offer of extrinsic evidence to explain the defamatory sense of the defendant’s statement, and is included in a complaint when a statement is not defamatory on its face.

Inducement

Inducement is the extrinsic facts necessary to understand the defamation.

Innuendo

Innuendo is the connection between the inducement and the defamation which explains why the statement is defamatory.

Absolute Privilege (Privilege)

Under an absolute privilege the defendant has complete immunity from liability for defamation, even if he defames maliciously, knowing the statements to be untrue. Absolute privileges exist for statements:

1) during judicial proceedings,
2) during legislative proceedings,
3) during executive government functions which are official statements of government officials, or
4) between husband and wife.

Qualified Privilege (Privilege)

Under a qualified privilege, the defendant has immunity from liability for defamation if he is acting for the following socially desirable purposes:

1) to protect the defendant’s own interests

2) to protect the interest of others
3) to protect a common interest
4) to protect a public interest

5) to offer an opinion within the Fair Comment Privilege

A qualified immunity can be lost if the statement was irrelevant, made with malice, with a bad faith belief, or if it was excessively publicized.

Fair Comment Privilege (Privilege)

The Fair Comment Privilege is a common law rule derived from the First Amendment rights of free speech and free press. The privilege applies to statements of opinion which have been made in good faith on matters of public interest. Covered by this privilege are opinions about newsworthy persons, events, products, art, works, etc.

New York Times v. Sullivan

Under New York Times v. Sullivan, the U.S. Supreme Court held that a public official cannot recover damages for defamation bearing upon his or her qualifications for a position unless he or she can prove by clear and convincing evidence that the statement was made with actual malice. Later cases extended the rule to public figures.

Actual Malice in Defamation

In defamation, malice does not necessarily mean ill will. It means that the publication of the defamation was made with either knowledge that the statement was false, or with reckless disregard of whether or not it was true.

Gertz v. Robert Welch, Inc.

Under the Gertz case, a person does not become a public figure just because he is involved in a controversy which is heavily covered by the media. Public figures are those who “usually enjoy significantly greater access to the channels of effective communication and hence have a more realistic opportunity to counteract false statements than private individuals normally enjoy.”