Share
Explore BrainMass

Defamation of Character

1) Find a defamation case (preferably one that has been decided) and write a brief summary detailing how the five criteria were applied to determine defamation.

To prove defamation, a plaintiff must meet FIVE requirements:
1) The statement must have been published, spoken or broadcast.
2) there must be identification of the individual(s) through name or reasonable association.
3) the statement must, in fact, be defamatory.
4) there must be fault(for public persons the statement must have been made in actual malice, for private persons the statement needs only to have been negligent, or published, spoken or broadcast when know to be false.
5) there must be evidence of injury or actual loss.

Solution Preview

I used the case of Carol Burnett vs The National Enquirer. It can be found at:
http://www.law.umkc.edu/faculty/projects/ftrials/communications/burnett.html

1) Find a defamation case (preferably one that has been decided) and write a brief summary detailing how the five criteria were applied to determine defamation.

To prove defamation, a plaintiff must meet FIVE requirements:
1) The statement must have been published, spoken or broadcast.
2) there must be identification of ...

Solution Summary

Using the case of Carol Burnett vs National Enquirer, a look at defamation of character and how it affects the media and the people involved.

$2.19