Defamation

Zachary Dornan Mitch Ellis

What is Defamation?

• Defamations is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image.

• For defamations to be proved, a plaintiff must convince the court that certain requirements have been met, including: The falsehood was communicated through print, broadcast, or

other electronic means The person who is the subject of the falsehood was identified or

easily identifiable The identified person has suffered injury-in the form of

monetary loses, reputational loss, or mental suffering

Understanding the Defamation Law

New York Times vs. Sullivan was a U.S. Supreme Court case that established the actual malice standard needed to be met before press reports about public officials or public

figures can be considered to be defamation or libel.

The case became a key decision in support of the freedom of press and proved that the standards for malicious intent

requires the plaintiff to prove the publisher of the statement in question knew the statement was false or

acted without any regard for it being true or false.

Richard A. Jewell

• Security guard who was wrongly accused by national media as the supposed bomber of the Atlanta Olympics due to a FBI leak

• Jewell went on to sue and win cases with NBC, CNN, the Atlanta Journal-Constitution, and Piedmont College.

Defense against Defamation

• Truth• Innocent Dissemination• Matter of Public Interest• No Third Party Communication• No Actual Injury• Consent• Statements Made in Good Faith