Defamation Flashcards
What is defamation?
The defamation cause of action remedies wrongful injury to a person’s reputation
What are the common-law elements of defamation?
The plaintiff must prove:
1) Defamatory statement of and concerning the plaintiff
2) Publication to at least one third person
3) Negligence or intent in the publication of the statement (this is NOT fault in checking the truth of the content)
4) Special DAS (unless actionable per se)
5) Some actual harm to warrant compensatory DAS
What is “defamatory?”
A defamatory communication is one that would tend to harm a person’s reputation in the community
A defamatory communication:
a) Exposes the plaintiff to hatred, contempt, and ridicule
b) Impairs the plaintiff’s reputation for morality and integrity; or
c) Causes the plaintiff to be avoided by others
What constitutes publication?
1) Publication of defamatory matter is its communication intentionally or by a negligent act to one other than the person defamed
2) One who intentionally and unreasonably fails to remove defamatory matter that he knows to be exhibited on land or chattels in his possession or under his control is subject to liability for its continued publication
What is the general rule about group defamation?
The general rule is that disparaging words about a large group or class of persons does not give rise to a defamation action by any individual member of the group
What is fault in publication?
One who intentionally & unreasonably fails to remove defamatory matter that he knows to be exhibited on land or chattels in his possession or under his control is subject to liability for its continued publication
Intentional publication:
Purpose or desire to publish -OR-
Knowledge to a substantial certainty that publication will occur
Negligent publication
Defendant creates an unreasonable risk that publication will occur
Accidental publication (i.e., not at least negligently) Does NOT satisfy the fault element
