Defamation

Question 1

Define Defamation

Answer 1

Gives individuals the right to protect their reputation in the community

Question 2

What is the purpose of Defamation?

Answer 2

striking a balance between the right of an individual to sue for defamation and the right of the community to see that acceptable standards are maintained by people with public responsibility and in public positions

Question 3

Two types of ways Defamation can occur

Answer 3

Slander (verbal)

Libel (written)

Question 4

Defenses

Answer 4

Freedom of speech
Freedom of media
Freedom of information

or

Truth/Justification
Honest Opinion
Privilege

Question 5

Can the Deceased sue for defamation?

Answer 5

No

Question 6

What are the 3 elements of Defamation?

Answer 6

1. Defamatory Matter
2. Reference
3. Publication

Question 7

What is Defamatory matter?

Answer 7

Matter complained of must convey a defamatory imputation

Question 8

What is a Reference?

Answer 8

Matter must be capable of allowing others to know that it refers to the plaintiff

Question 9

What is Publication?

Answer 9

Matter must have been communicated to at least one third party

Question 10

How is determined if someone is defamed?

Answer 10

Reputation injured
Trade/Business injured
Shun, Avoided, Despised by others

Question 11

What are the 2 types of Privileges?

Answer 11

1. Absolute Privilege

2. Qualified Absolute