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Torts • Defamation
TORT#093
Legal Definition
Where a matter is of private concern, falsity and fault do not need to be shown, and malice is not required. Damages may be presumed and punitive damages may be sought.
Plain English Explanation
People have a right to privacy. When someone goes out of their way to learn of an intimately private fact that, if shared with others, would cause harm, then the law doesn't require the plaintiff to prove that the statement was false, nor do they have to prove any fault of the defendant for sharing the information with others.
Related Concepts
In assessing a defamation claim, what is actual malice?
In assessing a defamation claim, what must a plaintiff prove when a statement is a matter of public 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?
