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Question: What is defamation?
Answer: Generally, defamation is a false and unprivileged statement of fact that is harmful to someone's reputation, and published "with fault," meaning as a result of negligence or malice. State laws often define defamation in specific ways. Libel is a written defamation; slander is a spoken defamation.
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Question: What is false light invasion of privacy?
Answer: "False light" is a claim that publicity invades a person's (plaintiff's) privacy by a false statement or representation that "places the plaintiff in a false light that would be highly offensive to a reasonable person."
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Question: What is the difference between false light invasion of privacy and defamation?
Answer: The distinction between the two is a subtle one. The false light cause of action focuses upon indignity and defamation focuses upon reputation.
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Question: What defenses may be available to someone who is sued for defamation?
Answer: There are ordinarily 6 possible defenses available to a defendant who is sued for libel (published defamatory communication.)
1. Truth. This is a complete defense, but may be difficult to prove.
2. Fair comment on a matter of public interest. This defense applies to "opinion" only, as compared to a statement of fact. The defendant usually needs to prove that the opinion is honestly held and the comments were not motivated by actual "malice." ( Malice means knowledge of falsity or reckless disregard for the truth of falsity of the defamatory statement.)
3. Privilege. The privilege may be absolute or qualified. Privilege generally exists where the speaker or writer has a duty to communicate to a specific person or persons on a given occasion. In some cases the privilege is qualified and may be lost if the publication is unnecessarily wide or made with malice.
4. Consent. This is rarely available, as plaintiffs will not ordinarily agree to the publication of statements that they find offensive.
5. Innocent dissemination. In some caes a party who has no knowledge of the content of a defamatory statement may use this defense. For example, a mailman who delivers a sealed envelope containing a defamatory statement, is not legally liable for any damages that come about from the statement.
6. Plaintiff's poor reputation. Defendant can mitigate (lessen) damages for a defamatory statement by proving that the plaintiff did not have a good reputation to begin with. Defendant ordinarily can prove plaintiff's poor reputation by calling witnesses with knowledge of the plaintiff's prior reputation relating to the defamatory content.
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Question: What are "special damages"? When are they awarded?
Answer: "Special damages" are awards made to plaintiffs to compensate for actual monetary losses. In a libel case, the "special damages" would be awarded to compensate for specific losses caused by the libelous speech. The plaintiff would be required to show the specific monetary losses were caused by the libelous speech, in addition to showing that the speech was libel, in order to be awarded special damages.
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Question: What is offensive to a reasonable person?
Answer: To state a claim, the plaintiff must show that the matter made public was one that would be offensive and objectionable to a reasonable person of ordinary sensibilities. For example, disclosing that the plaintiff returned $240,000 he found on the street was held not to be offensive, but the publication of an "upskirt" photo would likely be found to be offensive to a reasonable person.
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Question: What is slander?
Answer: Slander is a defamatory statement expressed in a transitory medium, such as verbal speech. It is considered a civil injury, as opposed to a criminal offence. Actual damages must be proven for someone to be held liable for slander. The tort of slander is often compared with that of libel, which is also characterized as a defamatory statement, but one made in a fixed form, such as writing.
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Question: What is libel?
Answer: Libel is a false statement of fact expressed in a fixed medium, usually writing but also a picture, sign, or electronic broadcast. See What are the elements of a defamation claim?
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Question: What is the "publication" of a defamatory statement?
Answer: Publication is the dissemination of the defamatory statement to any person other than the person about whom the statement is written or spoken.
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Question: What are "special damages"? When are they awarded?
Answer: "Special damages" are awards made to plaintiffs to compensate for actual monetary losses. In a libel case, the "special damages" would be awarded to compensate for specific losses caused by the libelous speech. The plaintiff would be required to show the specific monetary losses were caused by the libelous speech, in addition to showing that the speech was libel, in order to be awarded special damages.
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Question: If I write something defamatory, will a retraction help?
Answer: Some jurisdictions have retraction statutes that provide protection from defamation lawsuits if the publisher retracts the allegedly defamatory statement. For example, in California, a plaintiff who fails to demand a retraction of a statement made in a newspaper or radio or television broadcast, or who demands and receives a retraction, is limited to getting "special damages" ? the specific monetary losses caused by the libelous speech. While few courts have addressed retraction statutes with regard to online publications, a Georgia court denied punitive damages based on the plaintiff's failure to request a retraction for something posted on an Internet bulletin board. (See Mathis v. Cannon) If you get a reasonable retraction request, it may help you to comply. The retraction must be "substantially as conspicuous" as the original alleged defamation.
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