the subsequent conduct does not show the defendants earlier state of mind 2 However if there is independent evidence that the reporter knew at this time of the publication that the article was wrong, and later refused to print a retraction, an action will lie. 6 A Distributors 1 One who repeats a defamatory statement is said to have made a publication 1 Not media: unless they knew about the falsity B Defamation on the internet 1 Original person who posted is subject to liability 2 Not newspapers etc. 3 Un related website updates is not defamation B Communications between agents of the same principle 1 Individuals inside of a company can be held for defamation. B Compelled self-publication
1 No actionable publication where D communicates statement directly to plant if who then repeats it to third person… 2 However some states hold…publication requirement is met where compelled by economic necessity to publish a defamatory statement by a former employer to a prospective employer under circumstances where that was foreseeable. 1 Has been rejected in many states B Disclosure by plaintiff without knowledge of the defamatory conduct 1 If the defamed persons transmission of the communication to the third person was circumstances indicated that communication to a third party would be likely a publication may have occurred. B Single publication Rule 1 Any one edition of a book or newspaper is a single publication with only one action may be brought, in one jurisdiction 1 Ex. If a book is published in 15 sold at retail in 16 and resold in 17 the statute of limitation begins to run in 2015. However, if a per back edition of that book is published in 2018 that event is a separate publication for which the statute starts to run in 2018 A Libel and Slander A Libel and Slander Defined 1 Liable (written/ broadcasted) 1 Publication of defamatory matter by written or printed words by its embodiment in physical form or by any other form of communication that has potentially harmful qualities characteristic of written or printed words 2 Modern law: must prove actual damages 3 Common law: can recover for damages without proof of injury. Presumed damages 1 Liable per quod 1 Liable extrinsic evidence turn a statement into defamation. 1 Colloquium (reference to p) 2 Inducement (additional facts around it) 3 Innuendo (defamatory meaning) 1 Must prove pecuniary damages 1 Slander per se 1 Modern approach: the 3 categories of defamation approaches A Actions by anyone for defamation in respect to a matter of private concern. A Action by private person for defamation in respect of matters of public concern. B Actions by anyone for defamation in respect to a matter of private concern. 2 Common law: special damages automatically if violates 4 categories.
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