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Title:

DEFAMATION

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INVASION OF PRIVACY. APPROPRIATION. INTRUSION. PUBLIC DISCLOSURE OF PRIVATE FACTS. FALSE LIGHT ... Invasion of someone's private domain or seclusion ... – PowerPoint PPT presentation

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Title: DEFAMATION


1
DEFAMATION
  • Libel written defamation or defamation in
    some tangible, permanent form (TV or radio
    broadcast)
  • Slander oral defamation spoken words

2
ELEMENTS OF DEFAMATION
  • Defamatory statement of fact not opinion
  • About or concerning the plaintiff
  • Communicated to a third party (publication) that
    causes
  • Damage to reputation

3
DEFENSES TO DEFAMATION
  • Truth absolute defense
  • Common law privilege communication of
    information to someone who has a need to know or
    where the speaker is obligated to communicate the
    information
  • E.g., communication between past employer and
    prospective employer, between credit reporting
    agency and a bank
  • Must be communicated in good faith and with a
    reasonable basis

4
CONSTITUTIONAL PRIVILEGE
  • Application to defamation of public persons
  • Public officials
  • Public figures
  • Must prove actual malice
  • Speaker knew the statement was false or proceeded
    in reckless disregard of the truth or falsity of
    statement

5
INVASION OF PRIVACY
  • APPROPRIATION
  • INTRUSION
  • PUBLIC DISCLOSURE OF PRIVATE FACTS
  • FALSE LIGHT

6
APPROPRIATION
  • Violation of the Right of Publicity
  • Using anothers identity (e.g., name, photo,
    likeness) for commercial purposes without his or
    her consent

7
INTRUSION
  • Invasion of someones private domain or seclusion
  • Includes unauthorized access to ones private
    records e.g., financial or medical records

8
PUBLIC DISCLOSURE OF PRIVATE FACTS
  • Facts must be private ones, not information that
    is publicly available
  • Must be a public disclosure - disclosure to
    general public or to a large group of persons
  • Must be highly offensive to reasonable person
  • Lack newsworthiness

9
FALSE LIGHT
  • Communication that creates a false impression
    about a person
  • Impression created must be offensive to that
    person
  • Communication need not be defamatory -- a false
    statement of fact
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