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Defamation in Entertainment
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Opinion Defense
A legal defense for defamation claims, asserting that the allegedly defamatory statement was a subjective opinion, not an assertion of fact, and thus protected speech.
Oprah Winfrey v. Texas Cattlemen (1998)
Oprah Winfrey was sued by Texas cattlemen for making disparaging comments about beef on her show. She won the case under the First Amendment.
New York Times Co. v. Sullivan (1964)
The Supreme Court established the 'actual malice' standard for defamation cases involving public officials, enhancing free speech protection under the First Amendment.
Libel vs. Slander
Libel refers to defamatory statements made in writing or published, while slander refers to verbal or spoken defamatory statements.
Trade Libel
A type of defamation against the goods, services, or business of an individual that causes financial loss or harm to business reputation.
Anti-SLAPP Statutes
Laws designed to prevent Strategic Lawsuits Against Public Participation (SLAPPs) by providing a way to dismiss meritless defamation suits aimed at chilling free speech.
Section 230 of the Communications Decency Act
A law that provides immunity for online platforms from the content posted by their users, including potential defamatory statements.
Innocent Dissemination
A defense in defamation where the distributor of defamatory material is unaware of its content and therefore not liable, typically applicable to intermediaries like booksellers.
Rhetorical Hyperbole
A defense in defamation where the language used is so exaggerated that it cannot reasonably be interpreted as stating actual facts about someone.
Retraction
The act of formally withdrawing a defamatory statement that can mitigate damages or serve as a defense in a defamation lawsuit.
Johnny Depp v. Amber Heard (2022)
Johnny Depp sued Amber Heard for defamation due to an op-ed written by Heard. Depp won, awarded 2 million counterclaim.
Burden of Proof in Defamation
The plaintiff carries the burden in a defamation case to prove that the statement was defamatory, false, made negligently or with malice, and caused harm.
Carol Burnett v. National Enquirer, Inc. (1981)
Carol Burnett won a defamation lawsuit against the National Enquirer for a false report implying she was drunk in public. The case emphasized the protection of public figures' rights.
Neutral Reportage Privilege
A defense that protects news media from defamation liability when they neutrally report newsworthy, defamatory allegations made by a responsible and prominent source.
Hulk Hogan v. Gawker Media (2016)
Hulk Hogan won a lawsuit against Gawker Media for publishing a sex tape, with the jury awarding Hogan
Single Publication Rule
A legal doctrine that limits defamation claims to one cause of action per publication, rather than allowing multiple suits for each instance of distribution.
Public Figure Doctrine
A legal principle that requires public figures to prove actual malice in defamation cases, as opposed to private individuals who need only prove negligence.
Actual Malice Standard
Actual malice is the standard set for defamation cases involving public figures where plaintiffs must prove the defendant knowingly lied or exhibited reckless disregard for the truth.
Fair Report Privilege
A legal defense that protects journalists from defamation suits when they report fairly and accurately on a public proceeding or official record.
Defamation Per Se
A category of defamation that is considered so damaging on its face that the law presumes harm to reputation, without needing proof of damage.
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