Law 12 - Defamation and Invasion of Privacy
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Los Angeles Mission College *
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Jan 9, 2024
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Defamation and Invasion of Privacy
1. What are the elements of defamation; and what are the two types of
defamation and what is the difference between the two?
Usually, there are four parts to defamation:
-
False Statement: The information must be false and hurtful to the
person's image.
-
Making the fake statement public means telling someone other than
the person being slandered about it.
-
Identification: The statement must name the complainant or be clear
that it refers to them.
-
Harm: The false comment must hurt the person's reputation.
Two Types of Defamation:
Slander: Spoken defamation.
Libel: Written or published defamation.
Difference:
The primary distinction between slander and libel lies in the form of
communication. Slander involves spoken words, while libel involves written
or published words.
2. What are the four types of Invasion of Privacy? Explain each type in your
own words.
Four types of Invasion of Privacy:
-
Intrusion into solitude means going into someone's private place or
business without their permission.
-
Appropriation of Name or Likeness is when someone's name or picture
is used for business reasons without their permission.
-
Making private, non-newsworthy information about a person public is
called "public disclosure of private facts."
-
False Light: Showing someone in a way that isn't true or is misleading
and could be offensive to a sensible person.
3. Luke takes a photograph of Cathy, an actress, picking her nose in her car.
He publishes the photo online. Has an invasion of privacy occurred? Why or
why not?
There has been an invasion of privacy. Taking and sharing an online picture
of someone doing something private (like picking their nose) without their
permission is an invasion of their privacy and could also be seen as revealing
private information to the public.
4. Bob and Alice have been married for fifty years and are celebrating their
wedding anniversary in a hotel ballroom with family and friends.
Early in
their marriage, Alice had an affair with the postman. Alice's sister, who has
always been jealous of Alice, announces loudly at the party: "Alice had an
affair!" Does Alice have a cause of action against her sister? Why or why not?
Yes, Alice might be able to sue her sister for libel. For example, Alice's sister's
statement that she thought Alice was having an affair was defamatory
because it was false, spread to other people, named Alice, and could hurt her
image.
5. Each of the following statements is publicized to a third party or third
parties. Which of the following are defamatory, why or why not?
Bill calls Jane a terrorist. But, Jane is not a terrorist.
Bill calling Jane a terrorist:
Defamatory, as it falsely accuses Jane of a serious
crime.
An abortion protester carries a sign outside of Dr. Smith's office that
reads: "Dr.
Smith murders babies." But, Dr. Smith does not perform abortions.
Abortion protester's sign about Dr. Smith:
Defamatory, as it falsely
accuses Dr. Smith of a heinous act (murder).
"The jury must have been bribed to let the defendants off."
Statement about the jury being bribed:
Saying that the jury was paid could
be defamatory because it implies that the jury is not honest.
"Used car salesmen are crooks"
Statement about used car salesmen:
Potentially defamatory, as it
broadly accuses a group of people of criminal behavior. However, statements
about a group may be more challenging to prove as defamatory.
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