Libel

Front 1

5 things a successful libel plaintiff must prove -1

Back 1

the DS was made - a libel claim cannot exist unless a defamatory statement is made

Front 2

5 things a successful libel plaintiff must prove -2

Back 2

the DS is a matter of fact, not opinion - only factual statements that are capable of being proven true or false can form the basis of a libel claim

Front 3

5 things a successful libel plaintiff must prove -3

Back 3

the DS is false

Front 4

5 things a successful libel plaintiff must prove -4

Back 4

only the indicidual whose reputation has been injured to complain. the libel plaintiff muse prove that the DS was "f and concerning" the plaintiff.

Front 5

5 things a successful libel plaintiff must prove -5

Back 5

The DS was published with the requisite degree of fault - in NYT v Sullivan, the SC recognized the const. requirement that a public official must demonstrate not only that an error was made but also a high degree of fault by the publisher in order to prevail on a libel claim

Front 6

Defenses - 1

Back 6

Fair comment – Everyone has a right to comment on matters of public interest and concern, provided they do so fairly and with an honest purpose.

Front 7

Defenses - 2

Back 7

Fair and Accurate Report - A fair and accurate report of a public proceeding or document generally cannot be the basis of a libel suit

Front 8

Defenses - 3

Back 8

Neutral Reportage - The NR privilege protects a fair, true and impartial account of newsworthy statements, regardless of whether the reporter knows of believes those statements to be true, if prominent and typically responsible persons or organizations have made the statements.

Front 9

Restatement (Second) of Torts

Back 9

explains the law and states that “it is enough that the communication would tend to prejudice the plaintiff in the eyes of a substantial and respectable minority of the community and it is not enough that the communication would be derogatory in the view of a single individual or a very small group of persons if the group is not large enough to constitute a substantial minority.

Front 10

four types of reputation harm

Back 10

in the context of relational interest: The defamation may (1) interfere with the plaintiffs existing relationships with people; (2) interfere with future relationships; (3) destroy a favorable public image; or (4) create a negative public image for someone who had previously no public image at all.

Front 11

Defamation and Libel

Back 11

Defamation is the publication of material that would tend to hold one up to hatred, ridicule, contempt or spite that consists of twin torts: libel and slander. Libel is the publication of defamatory matter by written or printed words or by some other physical form.

Front 12

Libel per se -

Back 12

a statement that is libelous per se is defamatory on its face; i.e. apparent in the statement is libel per se.

Front 13

Libel per quod –

Back 13

If additional information is necessary to prove a statement libelous, then it is Libel per quod