Torts - Defamation & Invasion Of Privacy

Front 1

Defamation
- Elements

Back 1

1. D must make a defamatory statement (adversely affect reputation, honesty, integrity, virtue, sanity)
2. of and concerning P (reasonable person would understand referred to P)
3. Publication (by D to 3rd person)
4. Damages to P's reputation
($ only for economic loss, not necessary for libel or slander)

Front 2

Defamation: Libel

Back 2

Defamation when written (or permanently captured in some form or another- taped, filmed, on computer)
- Don't need to prove damages
- P recovers for GENERAL injury to her reputation without offering proof.

Front 3

Defamation: Slander per se

Back 3

Spoken defamation, don't need to prove damages
- statement relating to P's business or profession; that P committed a crime of moral turpitude; imputing unchastity to a woman; P suffers from loathsome disease.

Front 4

Defamation Defenses

Back 4

1. CONSENT (express or implied, may not be induced by fraud)
2. TRUTH
3. PRIVILEGES (Absolute or Qualified)
4. Matter of Public Concern (2 add'l elements)

Front 5

Defamation Defenses: Privileges
- ABSOLUTE PRIVILEGES

Back 5

Arise based on P's status or identity (not actionable)
- Statements between spouses
- Gov officers in the conduct of their official duties

Front 6

Defamation Defenses: Privileges
- QUALIFIED PRIVILEGES

Back 6

Arise based on context or circumstances that led to speech, when there is a public interest in encouraging candor.
- Letters of recommendation or professional references
- Statements made to investigating police officers or govt officers
- Can lose them if B had a reasonable belief that the challenged info was accurate BUT if deliberately spreading a lie, then lose the priv.

Front 7

Defamation Defenses:
- Special Case: Matter of Public Concern

Back 7

P must prove 2 additional elements:
(First, analyze whether it is a matter of public concern, then prove)
1. Falsity (affirmatively show that the statement is not true)
2. Fault (If P is a public figure, then must show D knew statement was false or had reckless disregard of its truth; If P is a private figure, adequate to show negligence)

Front 8

Public Figure

Back 8

Person who has achieved such pervasive fame/notoriety that he becomes a public figure for all purposes or voluntarily assumes central role in a public controversy.

Front 9

Invasion of Privacy Torts

Back 9

1. APPROPRIATION
2. INTRUSION into P's affairs/seclusion
3. FALSE LIGHT
4. PUBLICATION OF PRIVATE FACT
(3 & 4 both require constitutional malice)

Front 10

Appropriation
(privacy tort)

Back 10

D's UNauthorized use (need consent) of P's name or image for COMMERCIAL PURPOSES.
- Exception: Newsworthiness

Front 11

Intrusion
(privacy tort)

Back 11

D's invasion of P's seclusion/affairs in a way that would be OBJECTIONABLE to the average person (i.e. covert videotaping, wire-tapping, peeping Tom)
- Must be in a place where P has expectation of privacy-- cannot be in a public space

Front 12

False Light
(privacy tort)

Back 12

Widespread dissemination/ publication of objectionable facts placing P in a false light in the public eye.
- FL = material falsehood about P that would be OBJECTIONABLE to the average person
- No intent or fault requirement (D liable even when have GF belief was accurate. BUT requires MALICE by D when published matter is in public interest)

Front 13

Disclosure of a Private Fact / Public Disclosure
(privacy tort)

Back 13

Widespread dissemination/ public disclosure of objectionable private/ confidential facts (truly and genuinely private)
- Newsworthiness exception: health info of public individuals

Front 14

DEFENSES for Invasion of Privacy Torts

Back 14

- CONSENT is a defense to all privacy torts.
(Truth is NOT a defense to privacy torts)
- Defamation privileges apply to False Light and Disclosure of a Private Fact.