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18 Cards in this Set

  • Front
  • Back
The printed or broadcast word has damaged someone's reputation
Someone not connected with the publication has seen the printed material
Someone in the reading audience not connected with the publication or broadcast station is able to identify the person being defamed
Before the plaintiff can win money, he or she must prove that the publication did something it was not supposed to do.
Libel per se
When a reporter uses a word or phrase that taken at face value appears to be libelous. Eg: Crook
Liber per quod
Does not include words taken at face value appear to be libelous. Eg: Joe's religion doesn't allow him to attend games on Fridays but the print said he did
Fair comment and criticism
Criticizing someone fairly who relies on the public for support, public role and not private: Politics, Movie Stars
Absolute Privilege
Members of congress and other federal and state government have this when they are speaking during official proceedings. Withness in court trials, jurors and trial lawyers aslong as it is made in court.
Qualified Privilege
Reporters have the right to report on official proceedings w/o fear of being sued for libel. Eg: Criminal cases
Retraction and Apology
Something that should be printed immediately if a publication realizes it has defamed someone
Secondary defense only in that it will probably keep the publication out of court: money: should be put in writing and witnessed
Maybe used as a defense in dealing with controversial news. Eg: Was printed in reply to another statement
Proof of previous bad rep
Secondary defense and must be current
reliance on a usually reliable source
Secondary defense and must be proven
general damages
Compensate damage to reputation
special damage
Compensate damage for financial loss
punitive damage
Compensate damage for malice
Intent to, without good cause, to commit an act that wil lresult in harm to some person or group.