Have You Been Defamed? Part IX

Have You Been Defamed? Part IX

Once you have determined that no privilege bars your claim for defamation, you must then look and see if any other defenses unrelated to privilege apply. First, if you were to consent to the statement’s publication, regardless of whether it was defamatory, and...
Have You Been Defamed? Part VIII

Have You Been Defamed? Part VIII

Another issue that must be considered in a defamation action is whether the statement is actionably disparaging. Generally, it is obvious whether a statement is “negative” and could bring the subject into disrepute. However, just because a statement is negative does...
Have You Been Defamed – Part VII

Have You Been Defamed – Part VII

Once you have determined that no privilege bars your claim for defamation, you must then look and see if any other defenses unrelated to privilege apply. First, if you were to consent to the statement’s publication, regardless of whether it was defamatory and...
Have You Been Defamed? Part VI

Have You Been Defamed? Part VI

Except for the litigation privilege in defamation matters, by far the most common privilege encountered will be the “conditional” or “qualified privilege.” These privileges exist when, for policy reasons, a speaker should be encouraged to speak but for which the...
Have You Been Defamed? Part V

Have You Been Defamed? Part V

If the absolute privilege applies (see 6/21 blog: Have You Been Defamed? Part IV), you can say anything you want about someone else for any reason and you cannot be held legally accountable for defaming that person’s character. Perhaps the most common absolute...