Torts-Defamation

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Defamation

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Defamation is a defamatory statement of or concerning P, publised to a third party that causes damages to P.

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Defamation-Defamatory statement

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A defamatory statement is one that tends to lowers P's reputation within the community.

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Defamation-Of or concerning P

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A reasonable person must have understood that the statement was of or concerning P.

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Defamation-Published to a 3rd Party

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The statement must have been published to a third party who understood the statement.

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Defamation-Damages

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General damages are presumed for libel per se.

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Libel

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Libel is written defamation

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Defamation-Constitutional defamation

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Whenever there is a matter of public concern, P must also prove the addition elements of fault and falsity.

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Here, arguably the matter is one of public concern as it deals with the avian influenza. Thus, P will have to show both fault and falsity.

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Defamation-Falsity

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P is required to prove falsity of the statement.

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Defamation-Fault

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The type of fault that P must prove depends on whether P is a public figure. A public figure is one who achieves fame or notoriety or is in government office.

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Defamation-Public Figure

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If P is a public figure, he must prove New York Times malice which requires a showing of knowledge thtat the statement was false, or reckless disregard as to whether it was false. This is a subjective test.

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Defamation-Private figure

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If P is a private figure, he must then prove Gertz neglgigence which means he need only show negligence regarding the falsity of the statement if that statement involves a matter of public concern. Where D is only negligent, only actual damages are recoverable. However, if a private P can show malice on the part of D, then damages may be presumed and P may be able to recover punitive damages

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Defamation-Defenses

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Consent
Truth
Absolute Privilege
Qualified Privilege

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Consent

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Consent is a complete defense.

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Truth

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Where P does not need to prove the element of falsity, then defendant may prove truth as a complete defense.

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Absolute Privilege

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D may be protected by an absolute privilege for the followings: remarks made during judicial proceedings, by legistlators in debate, by federal executive officials, in compelled broadcasts, and betwen spouse. An absolute privilege can never be lost.

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Qualified privilege

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Speakers may have a qualified privilege for the following: reports of official proceedings, statements in the interest of the publisher such as defense of one's actions, property, or reputation; statements in the interest of the recipient; and statement in common interests of the publisher and recipient.
This privilege may be lost if the statement is not within the scope of the privilege, or it is shown that the speaker acted with malice. D bears the burden of proving that a privilege exists.