|
[back to notice text]
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.
[back to notice text]
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?
[back to notice text]
Question: Can I be sued for publishing somebody else's private facts?
Answer: Some jurisdictions allow lawsuits for the publication of private facts. In California, for example, the elements are (1) public disclosure; (2) of a private fact; (3) that is offensive to a reasonable person; and (4) which is not a legitimate matter of public concern. Publication on a blog would generally be considered public disclosure. However, if a private fact is deemed "newsworthy," it may be legal to print it even if it might be considered "offensive to a reasonable person."
[back to notice text]
Question: What are the privacy torts?
Answer: Much privacy law is state law, and may differ from state to state. As general categories, states may recognize interests in:
unreasonable intrusion upon the seclusion of another;
appropriation of the other's name or likeness;
unreasonable publicity given to the other's private life; and
publicity that unreasonably places the other in a false light before the public.
(from the Second Restatement of Torts, ? 652A)
|
FAQ: Questions