Other Torts (Defamation, Invasion of Privacy)

Question 1

Where defamation action refers to a public figure or involves a matter of public concern:

Plaintiff also needs to prove (v) falsity and (vi) fault by the defendant.

matter of public concern: a claim brought by a candidate for public office

Answer 1

The plaintiff must establish that the defendant acted with actual malice.

Entitled to recovery?

No, because the editor honestly believed that the accusation was true.

Question 2

Public figure of a public figure

Answer 2

Defamation of a public figure, the plaintiff must establish actual malice by the defendant by demonstrating that the defendant (i) knew the statement was false, or (ii) had a reckless disregard as to its truth or falsity.

To show actual malice, the candidate would need to demonstrate that the newspaper knowingly published a false story or acted with a reckless disregard for truth or falsity.

Mere negligence by the newspaper editor would not be sufficient for the candidate to prevail

Question 3

A political candidate, like a political official, must establish that the defendant acted with actual malice

Actual Malice: that the defendant in fact knew the statement to be false or entertained serious doubts as to the truth of the statement.

Public figure would need to demonstrate that the newspaper knowingly published a false story or acted with a reckless disregard for truth or falsity. Mere negligence by the newspaper editor would not be sufficient for the public figure to prevail.

Question 4

Defamation per se

Answer 4

Defamation per se pertains to types of statements which are considered so inherently offensive that damage to reputation is assumed, making it unnecessary for a plaintiff to prove special damages. Accusations considered defamation per se concern the following: (i) criminal activity; (ii) professional misconduct; (iii) sexual misconduct; or (iv) loathsome disease

Question 5

private person + involving a matter of public concern

Answer 5

To prevail against a defendant on defamation of a private person involving a matter of public concern, the plaintiff must demonstrate that (i) the defamation was false; (ii) the defendant was negligent; and that (ii) the defendant’s negligence caused actual harm to the plaintiff.