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AAD 650, Unit 13: Defamation

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UK Arts Administration

on 3 February 2016

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Transcript of AAD 650, Unit 13: Defamation

Unit 13:
Defamation
I. Elements of the Tort of Defamation
II. Defenses to Defamation
III. Public Figures/The First Amendment and Defamation
IV. Defamation and the Internet
http://www.newsy.com/videos/toronto-mayor-fights-crack-smoking-video-accusations/
WATCH: Toronto’s Mayor Fights Crack-Smoking Video Accusations (Truth)
READ: Janet Jackson, TMZ (Retraction)
http://www.tmz.com/2012/08/01/janet-jackson-did-not-slap-or-verbally-abuse-paris-jackson/
Defamatory Language
2. Defamation Language must be about the Plantiff
Here is an example: A blind item
http://gawker.com/which-columnist-subjected-a-woman-to-his-unwanted-gropi-1688312992
3. The Defamatory language must be Published
4. Must cause harm to Plaintiff's reputation
adversely reflects on one’s conduct in business
claims that someone has a “loathsome” or feared disease
claims the plaintiff is guilty of a crime involving moral turpitude (“Moral turpitude” means “an act or behavior that gravely violates moral sentiment or accepted moral standards of a community”)
If the plaintiff is a woman, claims that the woman is “unchaste” (many jurisdictions are abandoning this)
Retraction
Consent
Absolutely Privileged Statements
Statements that cannot be defamatory are:
In judicial proceedings, such as during a trial
Or by legislators in debate
Or between spouses
“a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide open, and that it may well include vehement, caustic, and sometimes unpleasantly sharp attacks on government and public officials.”
General Public Figures
Limited Public Figures
How far does liability extend?
Which Laws Apply?
Statements that cannot be defamatory are:
In judicial proceedings, such as during a trial
Or by legislators in debate
Or between spouses
Statements that cannot be defamatory are:
In judicial proceedings, such as during a trial
Or by legislators in debate
Or between spouses
Statements that cannot be defamatory are:
In judicial proceedings, such as during a trial
Or by legislators in debate
Or between spouses
Full transcript