Defamation: Common Law Elements - PowerPoint PPT Presentation

1 / 18
About This Presentation
Title:

Defamation: Common Law Elements

Description:

Libel per quod. Implied Libel. DEFAMATION ... Businesses often sue for libel when accused of dishonest practices, or insolvency ... – PowerPoint PPT presentation

Number of Views:1420
Avg rating:3.0/5.0
Slides: 19
Provided by: pauls80
Category:

less

Transcript and Presenter's Notes

Title: Defamation: Common Law Elements


1
DefamationCommon Law Elements
  • Chapter 3

2
Elements of a Libel Suit
  • Defamation
  • Identification

3
Elements of a Libel Suit
  • Publication
  • Fault

4
DEFAMATION
  • Libel per se
  • Libel per quod
  • Implied Libel
  • A significant number of right minded audience
    members have to believe the slur

5
DEFAMATION
  • Libel-proof plaintiffs
  • Look at words natural meaning

6
DEFAMATION
  • Headlines may be libelous

7
Defamation of Groups, Corporations, Products
  • Businesses often sue for libel when accused of
    dishonest practices, or insolvency

8
Defamation of Groups, Corporations, Products
  • Trade libel or product disparagement
  • Falsely criticizing a product line
  • No criticism of manufacturers motives

9
Types of Damage Awards
10
Compensatory Damages
  • Designed to make the plaintiff whole
  • Presumed no real proof of harm needed harm is
    in the words themselves
  • Actual plaintiff must make some showing of harm
  • Special plaintiff must prove very specific loss
    e.g., firing from a job

11
Punitive DamagesTo punish and deter
12
PUBLICATION
  • Only one THIRD PARTY must hear
  • Self Publication

13
PUBLICATION
  • Publication VS Defamation
  • Reputation must be diminished in MANY minds

14
PUBLICATION, continued
  • Republications are actionable too, with
    exceptions
  • Wire services, bookstores, some internet service
    providers
  • Neutral Reportage and FAIR REPORT defenses

15
IDENTIFICATION
  • Not always by name
  • Even fiction can identify
  • No libel against very large groups (e.g.,
    politicians)
  • Case law is mixed concerning smaller groups

16
FAULT
  • U. S. libel law used to embrace strict
    liability
  • no finding of negligence required
  • if a damaged reputation resulted from a
    publication, there was liability
  • New York Times v. Sullivan changed that

17
Some Traditional Libel Defenses
  • Statute of limitations
  • Truth

18
Some Traditional Libel Defenses
  • Consent
  • Fair Comment
Write a Comment
User Comments (0)
About PowerShow.com