Defamation and Privacy: Understanding Libel, Slander, and Related Concepts, Quizzes of Communication

Download Defamation and Privacy: Understanding Libel, Slander, and Related Concepts and more Quizzes Communication in PDF only on Docsity! TERM 1 Defamation DEFINITION 1 Injury to Reputation damage to a person's standing in the community the legal means to vindicate or recover a falsely tarnished reputation. tend to expose on to public hatred, shame, contempt or disgrace. induce an evil opinion. deprives self confidence. tends to damage a person's standing in community through words that attack character or professional abilities. TERM 2 Two Types of Defamation DEFINITION 2 1. Slander2. Libel TERM 3 Slander DEFINITION 3 Spoken defamation includes spoken words, gestures, sign language. fleeting in nature heavy burden of proof Slander cases are not common. TERM 4 Libel DEFINITION 4 written/ printed defamationdefamatory public communication that tens to be permanent in nature, and includes printed materials, photos, painting, films, signboards, effigies and statues. TERM 5 Internet Defamation Examples DEFINITION 5 Church suing for negative reviewThe dirty.com TERM 6 Libel (What must be proven?) DEFINITION 6 Civil matter and the plaintiff bear the burden of proof.Must prove there was defamatory statement Of and concerning plaintiff Publication Fault (either negligence or recklessness) Falsity Harm and Damages TERM 7 Fault DEFINITION 7 Most defamation is false anyway. Fault is only part of the burden of proof for matters of public concern. TERM 8 Negligence: Private figures DEFINITION 8 Must establish fault differently. Standard is that they must show that the defendant acted negligently.Negligence TERM 9 Actual Malice DEFINITION 9 EX: New York Times vs. SullivanKnowingly falseReckless disregard for the truthRequires "clear and convincing" evidence. TERM 10 Defenses for Defendant DEFINITION 10 While Plaintiff has the burden of proof, the defendant can actively assert several defenses. Truth (a complete defense, however, can be difficult to prove.) Media privilege to report official records and proceedings opinion (Constitutionally protected and can't be proven true or false) Other Defenses Absolute and Qualified privileges TERM 21 False Light DEFINITION 21 Dissemination of highly offensive false publicity about someone with knowledge of, or reckless disregard for, the falsity.Most common cases are distortion and ficitionalization.to prevent an undue burden on the press, the plaintiff must prove fault via the NYT Actual Malice Standard. TERM 22 False Light Standard DEFINITION 22 Must prove falsity and dissemination has to be highly offensive must cause emotional damage defendant is at fault TERM 23 Appropriation (Commercialization) DEFINITION 23 cases that refer to the use of someone's name of likeness without authorization.Injury usually takes on of two forms: Shame and Humiliation Loss of Commercial Property Defenses: newsworthiness, consent TERM 24 Intentional Infliction of Emotional Distress (IIED) DEFINITION 24 Plaintiff can sue when another's conduct is "so outrageous in character and so extreme in degree, as to go beyond all possible bounds of deceny."Rigorous and difficult burden of proof on plaintiff. TERM 25 IIED Standard DEFINITION 25 Plaintiff must prove defendant acted intentionally or recklessly defendant's conduct was extreme and outrageous defendant's actions where the actual cause of the emotional distress the plaintiff's emotional distress is severe. (EX: Hustler v. Falwell) TERM 26 Physical Harm DEFINITION 26 Media are seldom sued for physical harm, but it happens sometimes.Plaintiff must prove Incitemnet negligence foreseeable harms (EX: Weirum v. RKO, General, INC.) TERM 27 Copyright DEFINITION 27 Original works of authorship fixed in any tangible medium of express from which they can be perceived, reproduced, or otherwise communicated.Includes: Literary, music, dramatic, audiovisual, pictorial, graphic, and sculptural works. TERM 28 1976 Copyright Act DEFINITION 28 Protection lasts...Works created after 1977: the life of the author plus 70 years. can be willed to author's survivors If company holds copyright, 120 years from date of creation, or 95 from date of publication, whichever is shorter TERM 29 Rights of Copyright Owners DEFINITION 29 Reproduce (copying) prepare derivative works distribute copies limit performances display publicly TERM 30 Infringement DEFINITION 30 Plaintiffs must prove: Access Substanial Similarity TERM 31 Types of Infrigement DEFINITION 31 Three types: Direct Contributory Vicarious TERM 32 Direct Infringement DEFINITION 32 person directly infringes a coypright by copying, performing, or otherwise violating a copyright owner's exclusive rights without permission.EX: pirate DVDs TERM 33 Contributory Infringement DEFINITION 33 Contributing to the infringement of others or knowingly cause other to infirnge, but do not necessarily infringe directly themselves.EX: Napster TERM 34 Vicarious Infringement DEFINITION 34 some has the right and ability to supervise the infringer's activity--and therefore can stop it--and benefits from the infringement. Doesn't necessarily encourage or provide the means for infringing.EX: Napster profiting from illegal downloads. TERM 35 Fair Use DEFINITION 35 The right to use a copyrighted work without the owner's permission.exception to the law prohibiting unauthorized copying of copyrighted expression.