Stanford University Regulation Intentionaln Torts Research Paper

Is defamation differ from other types of torts and for difference types of figures? Do you feel that the Internet and social media changing the way that the courts look at this area?

Just do response each posted # 1 to 3 down below only

Posted 1

Per my understanding, the main difference from other types of torts is that the defamation doesn’t have a clear physical impact to the plaintiff, and it exists to protect the reputation of a person or company.

Defamation claims have different treatments based on the type of figures. For the two types of public figures plaintiffs (public figures and public officials), a clear and convincing evidence is necessary in order to prove actual malice of the defendant. On the other hand, the same level of evidence is not required for private figures, since it would be too much in favor of defendant’s interests. For private figures plaintiffs, it is necessary to prove some level of fault as set by state law and address recoverable damages.

In my opinion, the internet and social media certainly have some impacts on the way that the court look at this area. Firstly, because those elements are relatively new, and the defamation law needs to be updated somehow to reflect all the changes on how people communicate with each other nowadays. Additionally, it may increase the quantity of libel cases, since the online defamation usually falls into this category.

Posted 2

I believe there is a difference between defamation and other types of tort, such as assault, battery, and negligence. While the other types of tort cause some sort of loss or damage to tangible things, defamation is an attack solely on someone’s reputation.

High profile people are definitely affected more by defamation, but they also have a bigger voice to share their own opinions. People listen to people in power, which is why they are often used as spokespeople.

Internet and social media have most definitely changed the idea of defamation. If something negative came out before social media was around, it took days or even weeks for the truth to come out. In the social media world, news breaks within minutes and hours. If something negative is released, it is either confirmed or denied almost in the blink of an eye

Posted 3

Defamation is defined as damaging someone’s character with slander or libel. Libel is in the tangible written form and slander is spoken. Defamation IS different from other types of torts because the “damages” are much harder to measure. There is a high degree of subjectivity that goes into determining harm. Defamation also differs depending on the figure. You can defame a dead person, for example. When defaming a “private figure” one only needs to prove a person acted negligently. When defaming a “public figure” one must prove a person acted intentionally.

The internet and social media have changed the way the world works and definitely have changed how the courts view and consider defamation. It is much easier now to make a viral video and ruin a person’s reputation, similar to how the internet can help a person become famous. The JDART example that the professor provided proves that social media has played an influential role in changing how the court views defamation cases.