Defamation - Federal and MI
Defendant (1) makes a false and defamatory statement (2) about Plaintiff that is (3) to a unprivileged third party who understands it and (4) it damaged to P’s reputation.
(5) with fault in MI P must show fault of at least negligence.
- Gossiper’s Rule: republisher of a defamatory statement is just as liable as original publisher.
- Matter of Public Concern, Public Official or Public
Figure: Need to prove all 5 elements above, plus falsity and fault.
- Falsity - P must prove the statement was false.
- Fault - P must prove D was at fault, actual malice for Public official and negligence if public figure.
Defamation - Public Figures, Public officials, and matters of public concern additional elements
- Public figure: Famous person or someone who voluntarily assumes a central role in a public matter.
- Public official: public office holder
- Matter of Public concern: statement relates to a community interest or concern
If defamation involves a public figure /concern P must prove:
Falsity - P must prove the statement was false.
Fault - P must prove D was at fault; standards differ for public vs. private figure
—Public official or figure: must show actual malice.
—Private figure: negligence standard
Slander
Slander is a spoken defamatory statement or gesture.
P must prove special damages unless the statement is “Slander Per Se”
Slander Per Se - a defamatory statement that:
(a) P Commited a crime of moral turpitude
(b) Damages P’ business or professional reputation
(c) P has a loathsome disease
(d) P has committed sexual misconduct
Libel
Libel is a printed, recorded, and distributed defamatory statement. (TV, Radio, Web, email all qualify)
P does not have to prove special damages.
P does not have to show actual damages. Harm to reputation gives P presumption of damages.
Libel Per Quod - if statement requires proof of defamation then P must prove special damages or meet Slander Per se elements.
Defenses to Defamation
Consent, truth and privilege are all valid defense to defamation.
- Consent: P consented to having private / damaging comments made about him to certain 3rd parties. (i.e. background checks).
- Truth: Complete defense
- Privilege
a) Absolute Privilege- protects statements made by gov officials in their official capacity.
b) Qualified Privilege - D’s liability is limited if is to promote truthfulness. (i.e. Telling friend that new BF is a rapist, or employer that new hire was convicted of fraud)
Defamation Damages MI and Federal
- Michigan and Federal
(a) P can recover actual damages suffered if statement caused harm to property, business, trade, profession, occupation, or feelings. - Michigan
(a) Public P (not Private P) may recover punitive damages if D showed malice AND Public P suffered injury and anguish from a sense of indignation due to D’s statement.
