Defamation

Question 1

Defamation defined

Answer 1

A tort based principal that allows individuals to recover for damages that impact their representation

Question 2

Who can be defamed?

Answer 2

1. Any living person

2. Corporation (if reflection on product)

Question 3

Defamation SOL

Answer 3

1 yr

Question 4

Defamation PF elements

Answer 4

1. P must prove there was a defamatory communication
2. Communication must be of and concerning the P
3. Statement must be published to a third party
4. Must result in damages to the P

Question 5

What is a defamatory communication?

Answer 5

Statement of fact that hold P up to hatred, ridicule, or contempt in respectable part of the community

Written, spoken, or illustrated by photo

Question 6

Damages qualifications

Answer 6

P must prove economic harm first (special damages)

If successful, opens door to recover for emotional distress, humiliation, and other harms

Question 7

Published to third party

Answer 7

communicated to someone other than P

if foreseeable someone else could see it, still considered published

Question 8

types of defamation

Answer 8

libel

slander

Question 9

Defamatory communications that’s per se

Answer 9

P doesn’t have to plead special damages. They are presumed.

Question 10

Per se defamatory communication, P does not

Answer 10

P does not have to plead special damages because they are presumed

Question 11

Common Law Per Se categorizations

Answer 11

1. Accuses P of committing a crime
2. Accuses P of having a loathsome disease
3. Adversely impacts Ps business, trade or profession
4. Accuses woman of unchastity

Question 12

NC Per Se categorizations

Answer 12

1. Accuses P of committing a crime
2. Accuses P of having a loathsome disease
3. Adversely impacts Ps business, trade or profession

Question 13

Defamation Defense?

Answer 13

Truth is a defense. Eliminates liability.

Question 14

Absolute Privilege allows

Answer 14

Absolute Privilege allows D the latitude to act in a way that violates P’s individual rights without being subject to liability

Question 15

When can absolute privilege be used?

Answer 15

1. statements made in judicial proceedings
2. statements made as part of legislative proceedings
3. statements made by primary officers of executive branch

Question 16

Qualified Privilege…

Answer 16

1. Statements made in good faith
2. D has an interest in subject or duty to be upheld
3. Statement limited in purpose, scope

Question 17

Defamation - Public Figure & Official (General Purpose) Rule

Answer 17

Public officials may sue for defamation, provided they show that D published the communication with actual malice

Question 18

Actual Malice Definition

Answer 18

Knowledge that statement is false or acting in reckless disregard of the truth

Question 19

Defamation - Private Figure rules

Answer 19

Private figures who sue D must show publication was made negligently in order to recover if D has First Amendment rights

Question 20

Defamation - Limited Purpose Public Figure (definition)

Answer 20

Only famous in the narrow construct of what it is that they do.

Question 21

Defamation - Limited Purpose Public Figure Standard

Answer 21

Standard is actual malice, as long as it’s about what made him famous.

Question 22

London Libel Law

Answer 22

By statute in NC, if P desires to sue newspaper, radio, or broadcast entity, P must give five days notice before filing suit of defamatory communication.

Question 23

London Libel Law - If good faith publication/honest mistake…

Answer 23

If D can prove good faith publication/honest mistake, and publishes retraction within 10 days of notice, P may still sue, but is limited to actual damages