A less common but no less important defense to a cause of action for defamation is the defense of consent. If the defendant can show that the plaintiff consented to the publication of the alleged defamatory statement or statements, it operates as a complete defense. In other words, defendant wins. Under what circumstances has the doctrine of consent been successful? Well, I'm … [Read more...] about Defamation Defense: Consent
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Defamation Defense: Qualified Privilege
The last several posts have focused on absolute privileges. Today we’re going to talk about the qualified privilege, which is a lot more common than you might think. A qualified privilege essentially means what it appears to mean. It allows the publisher/speaker to make a statement that would otherwise be defamatory without being held liable for making the … [Read more...] about Defamation Defense: Qualified Privilege
Defamation Defense: Legislative Proceedings
Continuing on in our series on the defenses to a cause of action for defamation relates to statements made in a legislative proceeding. Like statements made in judicial proceedings, statements which are made in legislative proceedings are absolutely privileged pursuant to Civil Code section 47(b). This defense applies to statements made by participants in state and local … [Read more...] about Defamation Defense: Legislative Proceedings
Defamation Defense: Judicial Proceedings
Continuing in our series on defamation defenses, today we're going to cover the defense of statements made in a judicial proceeding, also known as the litigation privilege. A publication made in a judicial or quasi-judicial proceeding is absolutely privileged. Civil Code § 47(b). This means that you cannot prevail in a libel or slander case if the statements … [Read more...] about Defamation Defense: Judicial Proceedings
Defamation Defense: Discharge Of Official Duty
An absolute privilege exists for statements made "[i]n the proper discharge of an official duty" under California Civil Code section 47(a). An absolute privilege is defined as a "privilege that immunizes an actor from suit, no matter how wrongful the action may be, and even though it is done with an improper motive." Black's Law Dictionary, 7th Ed., p. … [Read more...] about Defamation Defense: Discharge Of Official Duty