Defamation and Privacy Torts

Question 1

Defamation: Elements

Answer 1

P must prove

• D made a defamatory statement (meaning it must be false and hurt reputation)
• that is concerning the P (meaning the public must know it is concerning the P)
• the statement is published to a third party (mere repetition is enough)
• Damages

Question 2

Defamation: Public Official

Answer 2

• Two Types: General (like a high up governmental official), or limited (someone who is generally famous or someone who inserted themselves into a popular controversy)
• Must Show Actual Malice to recover
• They get various damages

Question 3

Defamation: Private Official

Answer 3

• If matter of public concern, they must prove falsity, and that the D was negligent
• if so, they get actual damages
• if in addition they can prove malice, they get various damages
• if not a matter of public concern, then idk

Question 4

Libel: Definition and Application

Answer 4

• Written/broadcasted defamatory statement
• entitled to general damages, and do not need to show harm

Question 5

Slander: Definition and Application

Answer 5

• Spoken defamatory statement
• must show comic loss except for slander per se

-slander per se: happens if D said P (1) Committed a serious crime, (2) is not fit for business, (3) has AIDS, (4) is a rapist

Question 6

Defamation: Defenses

Answer 6

• Statement is true
• Consent

-Absolute Privilege: things said (1) in a judicial proceeding (2) in a legislative proceeding or (3) between spouses

• Conditional privilege: Statements made in good faith and pursuant to a duty/responsibility that are said (1) to protect your own reputation, (2) to protect the third parties reputation (3) are made because they concern a public interest

Question 7

Privacy Torts: Application

Answer 7

-Only for people

• IFLAP: (Intrusion on Seculsion, False light, Appropriation, Public Disclosure)

Question 8

Privacy Torts: Intrusion

Answer 8

D intrudes on Ps personal affairs in a highly offensive manner (i.e. Phone tapping)

Question 9

Privacy Torts: False Light

Answer 9

D makes a public fact about P, that points P in a false light, and it is highly offensive (i.e. using someone else’s mugshot as yours)

Question 10

Privacy Torts: Appropriation

Answer 10

D appropriates P’s name/likeness, for D’s advantage, without consent, injury occurs

Question 11

Privacy Torts: Public Disclosure

Answer 11

D publicized a fact of P that is private, it is highly offensive, and is not of public concern

Question 12

Privacy Torts: Defenses

Answer 12

-Consent

-Absolute/Qualified Immunity: For FL + PD