Defamation思维导图

这是一篇关于Defamation的思维导图，这部分内容对于很多人来说都是拦路虎，这个由我亲自制作的思维导图希望会对你的学习有所帮助！喜欢的话请给我点个赞吧！

Defamation

• Definition
  • Defamation law protect the reputations of individuals and other entities (such as business) from untrue and damaging statements.
  • A dead person cannot be defamed.
    • The injury must be the reputation of the plaintirff.
    • No actions lies by a third person for a libel directed at another.
  • Corporation cannot sue for defamation. However, they can sue for commercial disparagement.
  • The Consititutionalization of Defamation
    • The Court treated libel as speech that raised no First Amendment issues.
  • Libel
    • It refers to statements that can be seen (typically written and published)
    • It was actionable without proof of damage.
  • Slander
    • It occurs when a defamatory statement is spoken or otherwise audible (such as a radio broadcast)
    • It required damage except when the communication constituted "slander per se"
• Elments
  • To prove either type of defamation, plaintiffs must prove the following 4 elements
  • The plaintiff must prove that the defendant made a false and defamatory statement concerning the plaintiff.
  • The plaintiff must prove that the defendant made an unprivileged publication to a third party.
  • The plaintiff must prove that the publisher acted at least negligently in publishing the communication.
  • The plaintiff must prove special damages.
• Remedies
  • Damages
    • Special damages
      • limited to pecuniary losses directly caused by the reaction of others to the defamatory statement.
      • Typical sources of special damages include loss of credit, or of a job, or of customs.
    • General damages
      • include the mental anguish, and associated economic losses that are included in special damages.
    • Punitive damages
      • If the defendant published the defamatory statement with malice, the plaintiff is entitled to punitive damages.
      • The malice that must be proved has been called catual malice, express malice or malice in fact.
  • Retraction
    • Under the traditional common law rule, a demand by the plaintiff that the defendant retract the defamatory statement is not the prerequisite to recovery.
    • But if the defendant published a retraction, this world be taken into account in calculating damages.
  • Injunctions
    • Injunctions against the publication of defamatory statements are generally not a available.
• Defenses
  • Consent
    • It is a complete defense to a defamation action.
  • Truth
    • In case of pruely private concern where plaintiff is not required to prove falsity, defendant may establish the truth of the statement as a complete defense.
  • Absolute Privilege
    • Under certain cricumstances, the speaker is not liable for defamatory statements because he enjoys an absolute privilege.
    • Such absolute privilege are not affected by a showing of malice, abuse, or excessive provocation.
    • Judicial Proceedings
    • Legislative Proceedings
    • Executive Proceedings
    • "Compelled" Broadcast or Publication
    • Communication Between Spouses
  • Qualified Privilege
    • Reports of Public Proceedings
    • Public Interest
    • Interest of Publisher