Torts - Defamation/Privacy

What are the four essential elements for liability in a defamation claim?

The elements are: 1) a false and defamatory statement concerning another; 2) an unprivileged publication to a third party; 3) fault amounting at least to negligence; and 4) either actionability of the statement irrespective of special harm or the existence of special harm.

What is the definition of libel?

Libel is the publication of defamatory matter by written or printed words, its embodiment in physical form, or any other communication with the potentially harmful qualities of written words, such as broadcast statements.

What is the definition of slander?

Slander is the publication of defamatory matter by spoken words, transitory gestures, or any form of communication that is not considered libel.

What is defamation per se?

Defamation per se is a statement that is defamatory on its face, where damages are presumed and do not need to be proven.

What are the four traditional categories of defamation per se?

The categories are: 1) statements accusing the plaintiff of a serious crime; 2) statements injuring another in their trade, business, or occupation; 3) statements accusing one of having a 'loathsome disease'; and 4) statements imputing unchastity to a woman.

What is defamation per quod?

Defamation per quod is a statement whose defamatory character is not apparent on its face and requires reference to extrinsic factors to be understood as defamatory; it requires proof of special damages.

Under what condition can an individual member of a group sue for group libel?

An individual can only sue for group libel if the group is very small, making the defamatory statement reasonably understood to refer to that individual.

When can a for-profit corporation be defamed?

A for-profit corporation can be defamed if a published false statement tends to prejudice it in the conduct of its business or deter others from dealing with it.

What is the legal definition of 'publication' in a defamation context?

Publication is the communication of defamatory matter, intentionally or by a negligent act, to at least one person other than the person being defamed.

What is the 'single publication rule'?

The single publication rule treats any one edition of a book, newspaper, broadcast, or similar aggregate communication as a single instance of publication, preventing multiple lawsuits for the same content.

What is the general rule regarding the intracorporate communication privilege?

Communications between co-employees acting within the scope of their employment are generally not considered 'publication' because they are part of a single corporate entity, though this privilege is not universally recognized.

What is the common interest privilege?

The common interest privilege protects a defamatory communication made on a subject matter in which the communicating person has an interest or duty, provided it is made to another person having a corresponding interest or duty.

What distinguishes a protected opinion from an actionable statement of fact?

An opinion is a statement that cannot be proven or disproven and is generally protected speech, unless it suggests the existence of underlying false facts.

What is the 'libel-proof plaintiff' doctrine?

The libel-proof plaintiff doctrine is a rare defense where a person's reputation is already so damaged that they are considered to have no reputation left to harm through defamation.

What is the rule regarding defamation of a deceased person?

There is no liability for publishing defamatory matter concerning a deceased person; neither the estate nor the relatives of the deceased have a claim.

What is the purpose of a retraction statute?

A retraction statute protects publishers or broadcasters from liability if they retract a defamatory statement, although it typically does not apply to intentional defamation.

What proceedings are covered by absolute privilege?

Absolute privilege applies to statements made during official judicial, legislative, or executive proceedings by participants acting within the scope of their duties.

What is the fair report privilege?

The fair report privilege protects a news reporter or broadcaster from liability for accurately reporting defamatory allegations made in an official proceeding or public meeting concerning a matter of public concern.

What constitutes 'actual malice' for a public figure defamation claim?

Actual malice is defined as making a statement with knowledge that it was false or with reckless disregard of whether it was false or not.

Who is considered an 'all-purpose public figure'?

An all-purpose public figure is anyone who has achieved such general fame or notoriety in the community that they are considered a public figure for all purposes and in all contexts.

Who is considered a 'limited-purpose public figure'?

A limited-purpose public figure is an individual who voluntarily injects themselves or is drawn into a particular public controversy, thereby becoming a public figure for that limited range of issues.

What types of damages are considered general damages in a defamation case?

General damages compensate for non-monetary harm, such as loss of reputation, shame, mortification, and hurt feelings, and may include punitive damages.

What types of damages are considered special damages in a defamation case?

Special damages are specific, provable economic losses resulting from the defamation, such as damages to property, trade, profession, or occupation, which must be pleaded and proved precisely.

What are the elements of the tort of Intrusion Upon Seclusion?

The elements are: 1) an intentional intrusion, physical or otherwise, into a private place, affair, or concern; and 2) the intrusion would be highly offensive to a reasonable person.

When can an intrusion upon seclusion occur in a public place?

Intrusion can occur in a public space if there is a reasonable expectation of privacy under the circumstances, as a person does not automatically make everything they do public by being in public.

What are the elements of the tort of Public Disclosure of Private Facts?

The elements are: 1) giving publicity to a matter concerning the private life of another; 2) the matter publicized would be highly offensive to a reasonable person; and 3) the matter is not of legitimate public concern.

What is the newsworthiness defense?

The newsworthiness defense protects the publication of private facts if they are of legitimate public interest, which is often the case for facts about public figures.

What are the elements of the tort of False Light?

The elements are: 1) giving publicity to a matter that places another in a false light; 2) the false light would be highly offensive to a reasonable person; and 3) the actor had knowledge of or acted in reckless disregard as to the falsity.

How does False Light differ from Defamation regarding the interest protected?

False Light protects an individual's interest in privacy and peace of mind, whereas Defamation protects an individual's interest in their reputation.

What are the elements of the tort of Appropriation of Name or Likeness?

The elements are: 1) the defendant used the plaintiff's name, likeness, or identity; 2) without the plaintiff's consent; and 3) the defendant gained a commercial benefit or other advantage from the use.

Which privacy torts can survive the death of the plaintiff?

Only the Right of Publicity, which is related to the tort of Appropriation, can survive death; the other privacy torts are personal and cannot.