Explore the legal terms and concepts related to Defamation. Click on any term below to learn more about its definition and applications.
What is libel?
Libel is written (often broadcast) defamation. Libel is per se defamatory on its face. General damag...
When is qualified privilege a defense to defamation?
If the statement is made without malice, and within the scope of the privilege, a speaker may have a...
When is absolute privilege a defense to defamation?
When a statement is made in (1) the proper discharge of an official government duty, (2) a legislati...
When is consent a defense to defamation?
Always, because consent is an absolute defense to a defamation claim.
What may be used as defenses to a defamation claim?
1. Consent 2. Truth 3. Absolute Privilege 4. Qualified Privilege
In assessing a defamation claim, what must a plaintiff prove when they are a private person and the statement is a matter of public concern?
If the plaintiff is a private person, and the defendant's statement is one of public concern, then t...
In assessing a defamation claim, what must a plaintiff prove when they are a public official or figure?
Where the plaintiff is a public official or figure, they must prove that the defendant made the defa...
What is libel per quod?
Libel per quod requires proof of extrinsic facts to establish the defamatory meaning of a statement....
What is slander per se?
Slander per se is a defamatory statement that either: (1) adversely reflects a person's business or...
What is slander?
Slander is oral defamation and requires the plaintiff to prove special damages.
What is defamation?
Defamation is (1) a defamatory statement, (2) of or concerning the plaintiff, (3) published by the d...
In assessing a defamation claim, what is actual malice?
Actual malice is knowledge that a statement was false, or with reckless disregard as to its truth or...
In assessing a defamation claim, what must a plaintiff prove when the issue is a matter of private concern?
Where a matter is of private concern, falsity and fault do not need to be shown, and malice is not r...
When is truth a defense to defamation?
Always, because truth is an absolute defense to a defamation claim.
In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public concern?
When a statement is a matter of public concern, the plaintiff must additionally prove: (1) falsity,...
