Defamation

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Defamation occurs when one person speaks or publishes a false statement of fact about another person that injures that person’s reputation

• is an intentional tort

2 Types of Defamation Cases

• Libel—Written defamation

• Slander—Oral defamation

• Defamation cases in cyberspace involving written communications are considered libel cases

Proving Defamation

• plaintiff must show all of the following:
  • defendant made a false statement of fact
    • cannot be a mere opinion
  • defendant published the statement to third parties
  • defendant knew or should have known that the statement was false

Defamation Per Se

Defamation per se is when a statement is so scandalous that a court automatically presumes that defamation has occurred.

• per se means “by itself”

• types of statements considers defamation per se:

  • Statements that a person has a loathsome disease
  • Statements that a person has committed a crime
  • Statements about sexual misconduct or chastity
  • Statements about professional impropriety

• in this case, plaintiff only has to prove their damages

• Section 230

Defenses

• Truth
  • court cannot hold a defendant responsible for defamatory statements if the statements were truthful
• defendant acted in good faith
  • privileged statements are statements made in connection with judicial or legislative proceedings
    • immune from defamation action

Jurisdiction Issues

• State courts can hold out-of-state defendants responsible for their actions only in limited circumstances
• Most states use long-arm jurisdiction tests for when they can exercise jurisdiction over an out-of-state defendant