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Torts β’ Defamation
TORT#089
Legal Definition
When a statement is a matter of public concern, the plaintiff must additionally prove: (1) falsity, and (2) fault.
Plain English Explanation
People have a Constitutional right to spread and share information that is a matter of public concern, meaning issues that affect or involve the public, our communities, politics, are newsworthy, etc. For this reason, when a statement involves such a topic, a plaintiff must additionally prove "falsity" and "fault."
A plaintiff proves falsity by showing that the statement is false/untrue.
"Fault" means the type of fault that plaintiff is claiming against the defendant and depends on the type of defendant. Where the defendant is a public figure, "fault" is proven via malice, which means that the person had knowledge that their statements were false or that they went out of their way to ignore finding out the truth. Where the defendant is a private figure, "fault" is proven via the negligence standard.
A plaintiff proves falsity by showing that the statement is false/untrue.
"Fault" means the type of fault that plaintiff is claiming against the defendant and depends on the type of defendant. Where the defendant is a public figure, "fault" is proven via malice, which means that the person had knowledge that their statements were false or that they went out of their way to ignore finding out the truth. Where the defendant is a private figure, "fault" is proven via the negligence standard.
Related Concepts
In assessing a defamation claim, what is actual malice?
In assessing a defamation claim, what must a plaintiff prove when the issue is a matter of private concern?
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?
In assessing a defamation claim, what must a plaintiff prove when they are a public official or figure?
What is defamation?
What is libel?
What is libel per quod?
What is slander?
What is slander per se?
What may be used as defenses to a defamation claim?
When is absolute privilege a defense to defamation?
When is consent a defense to defamation?
When is qualified privilege a defense to defamation?
When is truth a defense to defamation?