Defamation & Privacy Torts Flashcards
1
Q
Defemation is when one…
A
(1) Publishes a defematory statement specifically identifying a party;
(2) To a third party;
(3) When the langauge is false;
(4) At the fault of the D;
(5) Causing damage to P’s reputation.
2
Q
Who may be defamed?
A
Any living person.
3
Q
If a defamatory statement about the Plaintiff is only published to them, is that defamation?
A
No – there must be publication to a 3rd party.
4
Q
In defamation cases brought by public officials, they must prove…
A
actual malice.
(knowledge the statement was false or reckless disregard)
