DEFAMATION

1
DEFAMATION

• Libel written defamation or defamation in
  some tangible, permanent form (TV or radio
  broadcast)
• Slander oral defamation spoken words

2
ELEMENTS OF DEFAMATION

• Defamatory statement of fact not opinion
• About or concerning the plaintiff
• Communicated to a third party (publication) that
  causes
• Damage to reputation

3
DEFENSES TO DEFAMATION

• Truth absolute defense
• Common law privilege communication of
  information to someone who has a need to know or
  where the speaker is obligated to communicate the
  information
• E.g., communication between past employer and
  prospective employer, between credit reporting
  agency and a bank
• Must be communicated in good faith and with a
  reasonable basis

4
CONSTITUTIONAL PRIVILEGE

• Application to defamation of public persons
• Public officials
• Public figures
• Must prove actual malice
• Speaker knew the statement was false or proceeded
  in reckless disregard of the truth or falsity of
  statement

5
INVASION OF PRIVACY

• APPROPRIATION
• INTRUSION
• PUBLIC DISCLOSURE OF PRIVATE FACTS
• FALSE LIGHT

6
APPROPRIATION

• Violation of the Right of Publicity
• Using anothers identity (e.g., name, photo,
  likeness) for commercial purposes without his or
  her consent

7
INTRUSION

• Invasion of someones private domain or seclusion
• Includes unauthorized access to ones private
  records e.g., financial or medical records

8
PUBLIC DISCLOSURE OF PRIVATE FACTS

• Facts must be private ones, not information that
  is publicly available
• Must be a public disclosure - disclosure to
  general public or to a large group of persons
• Must be highly offensive to reasonable person
• Lack newsworthiness

9
FALSE LIGHT

• Communication that creates a false impression
  about a person
• Impression created must be offensive to that
  person
• Communication need not be defamatory -- a false
  statement of fact