Understanding Defamation and Libel: A Comprehensive Guide, Quizzes of Communication and Development studies

Download Understanding Defamation and Libel: A Comprehensive Guide and more Quizzes Communication and Development studies in PDF only on Docsity! TERM 1 Defamation DEFINITION 1 the communication of a false statement that harms the reputation of an individual, business, product, group, government, religion, or nation. TERM 2 Libel v. Slander DEFINITION 2 Libel = writtenSlander = spoken(The terms merge in broadcasting and on the internet.) TERM 3 Libel: Plaintiffs DEFINITION 3 Living Individuals Businesses Organizations Products NOT the government, but individuals may sue TERM 4 Libel DEFINITION 4 Harm to reputation; Causes "hatred, ridicule, or contempt" TERM 5 Types of Libel DEFINITION 5 False statements that say or imply... : immorality mental illness contagious diseases criminal activity incompetence negligence false charge of criminality (guilty vs. arrested) TERM 6 SLAPP Suits DEFINITION 6 alawsuitthat is intended tocensor, intimidate,and silence critics by burdening them with the cost of a legal defenseuntil they abandon their criticism or opposition. TERM 7 Public Official DEFINITION 7 Government officials "who have, or appear to the public to have, substantial responsibility for or control over the conduct of governmental affairs."See Rosenblatt v. Bear, pg. 127 TERM 8 Public Figure DEFINITION 8 Vortex - limited. Voluntarily inject self into controversial issue of public importance.See:Curtis Publishing Co. v. ButtsGertz v. Welch TERM 9 Actual Malice DEFINITION 9 Publishing something when knowing the information is false or having reckless disregard for the truth. TERM 10 Negligence DEFINITION 10 a failure to exercise the care that a reasonably prudent person would exercise in like circumstances. TERM 21 Totality of Circumstances: 4. Linguistic Context DEFINITION 21 Verbal cues can indicate opinion: In my opinion... It seems to me... Is it possible that... (rhetorical question) TERM 22 Totality of Circumstances: 5. Format DEFINITION 22 Opinion column vs. news column Book, restaurant, film reviews Formal vs. informal headline Blogs? TERM 23 Absolute Privilege DEFINITION 23 For officials acting officially Consent For broadcasters fulfilling equal time requirements under sec. 315 TERM 24 Qualified Privilege DEFINITION 24 permits persons in positions of authority or trust to make statements or relay or report statements that would be considered slander and libel if made by anyone else. TERM 25 Privacy DEFINITION 25 Privacy is the ability of an individual or group to seclude themselves or information about themselves and thereby express themselves selectively. Protects the dignity of the individual Origins in law of trespass, copyright TERM 26 Constitutional Privacy - Bedroom DEFINITION 26 It has been ruled that whatever you do in the privacy of your bedroom is your own business. TERM 27 Privacy of Information DEFINITION 27 FERPA FOIA HIPPA TERM 28 Private Facts Tort DEFINITION 28 Highly offensive disclosure Private, intimate information Not of public concern; not newsworthy BUT... Most revelations are NOT sufficiently offensive Most revelations ARE of public interest TERM 29 The 1st Amendment protects the publication of...? DEFINITION 29 truthful, lawfully acquired information of public importance. (Unless the government has overriding interest.) TERM 30 Dangerous Areas for Media DEFINITION 30 Disclosure of illness Mental disorders Medical procedures Disabilities Disclosures involving minors TERM 31 Newsworthiness DEFINITION 31 Almost all info... violent crimes murder rape oddities quirks unusual traits TERM 32 Consent DEFINITION 32 Not invasion of privacy if there is consent to disclosure. Sometimes implied through context Consent granted by eligible adult Written consent preferred TERM 33 Intrusion DEFINITION 33 A highly intrusive physical, electronic, or mechanical invasion into someone's solitude of seclusion. Person must have legitimate expectation of privacy. Hacked email/internet account Stalking/harassing someone online SS Numbers, bank account info, etc. being stolen online Government monitoring our phone calls? (Snowdon) An information gathering tort, not a publication tort. (But webcams might intrude and stream at the same time.) TERM 34 Cyberbullying DEFINITION 34 Sending or posting cruel or harmful material or other internet aggression. TERM 35 Freedom of Information DEFINITION 35 Freedom of information is an extension of freedom of speech, a fundamental human right recognized in international law, which is today understood more generally as freedom of expression in any medium, be it orally, in writing, print, through the Internet or through art forms. Essential to government, business information Serves democratic principles Based little on constitution Access based primarily on federal and state statutes