Exam 13: Defamation and Related Torts

Define "actual malice."

Defamation plaintiffs can easily get behind the anonymity of someone who posts a defamatory message on the Internet by issuing a subpoena to the Internet Service Provider.

Give an example of a qualified privilege.

Statements implying undisclosed facts may be actionable even if they are opinions.

How does the Uniform Correction or Clarification of Defamation Act protect media defendants?

The purpose of a statute is to discourage defamation suits by either barring the plaintiff's recovery if the defendant takes back the defamatory statement or by providing the plaintiff with the opportunity to respond.

Judges, lawyers, parties, and witnesses enjoy an privilege for statements made during judicial proceedings, while reports prepared during court proceedings enjoy a privilege.

An invasion of the reputation of a group or individuals resulting from slander or libel is referred to as .

The Act requires plaintiffs request a correction or clarification from the defendant within ninety days of learning of the publication.

Reading the plaintiff's private mail or searching through her purse can be the basis for a claim of unreasonable intrusion.

Defamation can be shown even if the defendant's reputation is tarnished in the eyes of only a minority of persons in the community.

A statement will not be considered defamatory unless it mentions the plaintiff by name.

Why is defamation on the Internet likely?

A plaintiff must prove in that the statement must be seen or heard by someone other than the plaintiff.

Statements that are pure expressions of opinion cannot be defamatory.

Because of legislation passed by Congress it has become increasingly easier for those defamed by statements made on the Internet to recover for defamation.

If the defendant is a or a , the plaintiff must prove that the defendant acted with , that is, with knowledge that the statement was false or with reckless disregard for the truth or falsity of the statement.

The , which consists of four distinct torts, evolved from a law review article written by Samuel Warren and Lewis Brandeis.

What is the difference between libel and slander?

A qualified privilege cannot be lost even if it is abused.