Defamation of Character

In: People

Submitted By dariusmaliek
Words 1283
Pages 6
Defamation Of Character:
Sara Jones v. TheDirty.Com
By: Yolandia Bond
Park University

This research paper will explore some of the ins and outs of what “defamation of character” is and what legal liabilities can come from defaming a person or persons. We will also explore the Communications Decency Act (CDA) as it comes to what responsibility, if any, is held by proprietors and curators of websites that allow/encourage slanderous conversation. We will be examining Sarah Jones v. Dirty World Entertainment, LLC (Jones v. to help answer the questions: what legal liabilities can come from defaming a person or persons, and does a proprietor/curator of a website have any legal responsibility when it comes to slanderous comments, from one third party about another, being made on their website, or are they protected under CDA? In this paper you will also see mentions of other precedents (i.e. Metro-Goldwy-Meyer Studios Inc. v. Grokster Ltd.) to help answer the questions about Jones v.
Keywords: CDA, Communications Decency Act, Jones v. Bengals Cheerleader, Teacher – Student relationship, Jones v.

Defamation of Character: Jones v. Defamation of character, as defined by, is any intentional false communication, either written or spoken, that harms a person's reputation; decreases the respect, regard, or confidence in which a person is held; or induces disparaging, hostile, or disagreeable opinions or feelings against a person. In layman’s terms, defamation is when one gossips about another with no factual basis to the things that are being said or the spreading of rumors about another with no actual confirmation of truth by the person being spoken of. The case of Jones v. came from the online defamation of Sarah Jones by third-party commenters, but it…...

Similar Documents

Proving Defamation

...Business Law & Ethics 2 October 2012 Defamation: Daphne Auto LLC v. Pensacola Motor Sales Defamation (defamation of character) is the tort of publication of a false statement of fact that causes injury to someone’s reputation or character. Defamation allegations can also be brought via a similar arena of portraying a false light which indicates false implications rather than definitive false statements (Citizens Media Law Project). Our case, an Alabama business lawsuit, Daphne Auto., LLC v. Pensacola Motors Sales, Inc. involves defamation in the form of slander. The case was filed January 1, 2010 in Circuit Court of Mobile County, Alabama. The litigants are Daphne Automotive, LLC d/b/a Eastern Shore Toyota and Shawn Esfahani, v. Pensacola Motor Sales, Inc. d/b/a Bob Tyler Toyota and its sales manager Fred Keener. The crux of the suit references defamatory statements made about Esfahani and Eastern Shore Toyota by Bob Tyler Toyota, its sales manager, Fred Keener, and its employees to potential customers regarding his birthplace, him being an Islamic terrorist, and that he was using his dealership to fund Taliban operations in Iraq. Mr. Esfahani learned of the alleged defamation against him from a couple that had previously purchased a vehicle from Bob Tyler Toyota but were now shopping to purchase a vehicle for the wife. The plaintiff in his pursuit petitioned the court to be awarded compensatory and punitive damages on three courses of actions (Daphne v Pensacola): ...

Words: 4070 - Pages: 17


...• Defamation • Specific Tort • Tort of defamation protects reputation • Definition - Defamation Winfield: “publication of statement which tends to lower a person in the estimation of right thinking members of society generally or which makes them shun or avoid that person” • Right to reputation – if effected by means of words spoken or written is actionable as civil as well as criminal wrong • Dixon v Holden 1869 • A man’s reputation is his property and if possible more valuable than any other property. • Hence an injury to a person's reputation results in substantial damage and the law recognizes it as a tort and a crime. • A defamatory matter may be of any imputation concerning any person, or any member of family, whether living or dead, by which the reputation of that person is likely to be injured. • Defamation in common law • The common law origins of defamation lie in the torts of slander (harmful statement in a transitory form, especially speech) and libel (harmful statement in a fixed medium, especially writing but also a picture, sign, or electronic broadcast), each of which gives a common law right of action. • Libel • A libel can be defined as a publication of false and defamatory statement in some permanent form tending to injure the reputation of another person without lawful justification or excuse. • libel is actionable per se, i.e., without proof of actual damage. • In libel, general damages are presumed i.e., the......

Words: 1968 - Pages: 8


...I believe character is the component of all pieces of one’s personality that affect others and the world in a positive way. Character should be free from selfishness, because if you are only maintaining what appears to be “good character” in the hopes of boosting your own goals, that is not really character at all. I believe that I possess a strong character that strives to improve the lives of those around me. The main pieces that make up my character are faith, courage, and the desire to improve the lives of others. I think that the main component that drives my character is my faith. My strong and firm beliefs are what motivate every action I take and every thought I have. My hope is that the faith and strong morals I hold form the foundation of my character, for my character would not exist without my faith. Through my beliefs I strive to be a person who is loyal, friendly, caring, and most importantly compassionate. Courage is also a strong component of my character. Courage is what drives me to be successful, to chase my dreams, and to make something of myself. Without courage and the boldness to step out of my comfort zone, none of my goals would be accomplished, and my life aims would be much lower. Character is not only looking good in the eyes of others, but pushing to be the best “you” possible. Courage helps me do this. Finally, I believe to truly have good character, one must not be self-seeking. The most important aspect of my character is my desire to......

Words: 358 - Pages: 2


...The Character of Kadiye in Sawmp Dwellers: A Symbol of Religious Hypocrisy Wole Soyinka’s Swamp Dwellers, a play built on the rural setting, is a blunt exposition of the religious hypocrisy,typical in a culturally and economically backward society in any parts of the world. Wole Soyinka, the most distinguished playwright of Africa, exposes the irreligious acts of the religious men in a very Chaucerean way.The character through which he dose it is obviously the Kadiye who reminds us about Chaucer’s religious character in his The Canterbury Tales The Summoner. The Kadiye,the religious figure in Wole Soyinka’s Swamp Dwellers,is masterfully portaryed and is very covincing.Kadiye is portrayed in this drama as the main priest of the sawmp dwellers.Though he is a priest by his profession ,he is anything but pious.He is essentially a corrupt and self-centered person.But Kadiye is not the sole example of his type.There are many kadiyes in every part of the world.There are some hypocrites who trade religion and live on it.This typical feature of Kadiye makes him more convincing. The physical feature of Kadiye indicates that he is more like a villain than to be a religious person.He is fat like a blood-swollen insect.He is a monstrous looking person.He is described as ’a big ,voluminous creature of about fifty.’He is smooth-faced and his head is shaved clean.He is bare above the waist and at least half of his fingers are ringed.This physical look suggests something ugly about his......

Words: 908 - Pages: 4


...Character An individual’s character is based on a set of behavior traits that define the inner-self of a person. It determines whether a person will effectively achieve goals, have positive people skills, and/or obey the laws and rules of society. An individual’s character is a learned behavior. An individual typically develop their character from their surroundings such as parents, teachers, and friends. This development is either taught or observed by watching or listening to others. Character involves the attitudes and values of a person. Being honest, friendly, trustworthy, and kind are examples positive traits that can make up a person’s character. Dishonesty, rebellion, and laziness are negative examples of traits that make up a person’s character. An individual’s character can produce a judgment of the type of person you are or will be in society. Determination, respect, and self-discipline are all characteristics that describe me. Determination was always a character that I showed during childhood. Whether I was playing sports, studying for a test, or practicing a speech for a play, I was always determined to do my best. Determination is a positive trait that I have and as a high-school graduate my determination has paid off. I will continue to be determined because I want to be a college graduate and a positive mentor for other males in my community. The next character trait describes my motto in life: RESPECT. My motto in life is “Treat others as...

Words: 497 - Pages: 2

Defences to Defamation

...DEFENCES TO DEFAMATION: FAIR REPORT, CONSENT, APOLOGY * WHAT IS DEFAMATION? Defamation is a false accusation of an offense or a malicious misrepresentation of someone's words or actions. A man’s reputation is his property, more valuable than any other property. The existing law for defamation is a reasonable restriction on the fundamental right of speech and expression conferred by article 19(1) (a) of the Indian Constitution and is saved by cl (2) of art 19. The wrong of defamation may be either committed by way of writing i.e. Libel or by way of speech i.e. Slander. There may be forms of Defamation that do not fall under Libel or Slander. A defamatory statement is a statement calculated to expose a person to hatred, contempt or ridicule, or to injure him in his trade, business, profession, calling or office, or to cause him to be shunned or avoided in society. A libel is a publication of a false and defamatory statement tending to injure the reputation of another person without lawful justification or excuse. The statement must be expressed in some permanent form. E.g. - Writing, printing, statues, pictures etc. A slander is a false and defamatory statement by spoken words or gestures tending to injure the reputation of another. * DEFENCES I. APOLOGY Apology is one of the defences to defamation. This defence is provided by the Libel Act, 1843 and the Defamation Act 1952. The Libel Act 1843 enacts, “ In an action for a libel contained in any public......

Words: 2930 - Pages: 12

Law of Tort...Defamation

...DEFAMATION Defamation also called calumny, vilification, slander and libel is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. Defamation is the publication of a statement which refers on a person’s reputation and tends to lower him in the estimation of right-thinking members of society generally or tends to make then shun or avoid him. [1]  The tort of defamation protects a person’s interest in his reputation. If the defendant had made an untrue statement, or what amounts to a statement, which is defamatory of the plaintiff, the plaintiff has a right of action against him unless the defendant can establish one of the special defenses available to an action for defamation. Since the tort of defamation protects the plaintiff’s reputation, and since reputation depends on what other people think of the plaintiff, the publication of the statement by the defendant to persons other than the plaintiff himself is an essential part of the tort –the purpose of the tort is not to protect the injured the feelings of the plaintiff. The tort goes beyond protecting their mere personal reputation of the plaintiff and extends to the protection of the reputation of his commercial and business undertakings. The rules of the tort represent an attempt to strike a balance between two important and often competing interests, the public interest in......

Words: 2909 - Pages: 12


...CHARACTER IS WHAT WE EARN Characteristics possessed by a person depict his individuality which ultimately constructs his personality referring to his traits. And therefore, character represents the true personality of an individual. One’s character can portray the quality of courage, honesty, his aggregate features and traits followed by ethical standards. People think the man who does not tease the girls is the man of character, but this is only one aspect of character. Becoming a beneficent, obedient, benevolent and honest person are some of the values being inherited in a child by his parents. Moral values from childhood teach him that he has to be morally excellent. But when he grows up and enters into the rat race of the society, he fails to remember what all his parents had told him. And the bitter thought of earning money by hook or by crook comes in his mind. Wealth has always been related with character building. And this reminds me of the old saying “If Wealth is lost...nothing is lost, If Health is lost...something is lost, If Character is lost...everything is lost”. I am not going to comment on this because of its vogue but to add that money cannot be the sole yardstick of a happy life. Health and Character are equally important. Focussing on the term ‘Character’, it is said that most of the things can be purchased in this world but one cannot buy his character. But, young people of today who possess an excellent calibre to do something more than what is......

Words: 359 - Pages: 2

The Anti-Defamation League (Adl)

...Bringing an End to Hate The Anti-Defamation League (ADL) is an international, non-governmental organization founded in 1913 and based in the United States. Their mission statement decrees "to stop the defamation of the Jewish people and to secure justice and fair treatment to all." Recognized as the nation's premier civil rights and human relations agency, ADL fights anti-Semitism and all forms of bigotry, defends democratic ideals and protects civil rights for all. A leader in the development of materials, programs and services, ADL builds bridges of communication, understanding and respect among diverse groups, carrying out its mission through a network of 30 Regional and Satellite Offices in the United States and abroad. (, 2012) Although originally chartered to combat Anti-Semitism, the ADL has developed into a culturally neutral organization dedicated to eliminating all forms of bigotry. They advocate against international terrorism and hatred before the United States Congress and United Nations. Have developed educational programs, and serve as a public resource for government, media, law enforcement, and the public. However successful they have been in the US combating Anti-Semitism, Europe proves to be a tough nut. In a 20 March 2012 news release the ADL reported the following: Austria experienced a slight decrease, to 28 percent from 30 percent in 2009. Anti-Defamation League 3 France: The overall level of anti-Semitism increased to 24 percent......

Words: 670 - Pages: 3


...“Character cannot be developed in ease and quiet. Only through experience of trial and suffering can the soul be strengthened, vision cleared, ambition inspired, and success achieved.” -Helen Keller All through our lives, we are forced through hard times. Helen Keller once stated, “Character cannot be developed in ease and quiet. Only through experience of trial and suffering can the soul be strengthened, vision cleared, ambition inspired, and success achieved.” She is trying to convey the point that, even though we see these problems and suffering as ubiquitous, these struggles make us better people, and allow us to become who we truly are. Both Great Expectations by Charles Dickens and The Rules of Survival by Nancy Werlin support Helen Keller’s view through their use of conflict. The main character in Great Expectations is Philip Pirrip, better known to everyone as Pip. Pip is an orphan, both of his parents being dead; he lives with his sister and her husband, Mr. & Mrs. Joe Gargery. Joe is a blacksmith so the little group is not very well off, but pip and Joe are comfortable with their lot in life, Pip’s sister is not happy with their economic standing but does not hate it. Pip’s sister is very stern though, and is quite mean to her husband and young brother. Joe and Pip find a strong bond in this fact, seeing themselves as allies, Pip even hopes to one day be exactly like Joe, and wishes to become a blacksmith. One day, Pip is summoned to the house of Miss......

Words: 1221 - Pages: 5

Defamation of Religion

...The dictionary definition of defamation is, “false or unjustified injury of the good reputation of another.” Also the dictionary definition of religion is, “ritual observance of faith.” That means the the meaning of defamation of religion is the false spreading of someones observance of faith. In general religion is a tricky topic to discuss and find a common ground for. For hundreds of years this topic has brought controversy between individuals, countries, and different religions. Although there really isn’t one profound solution to this topic that can please everyone around the world, there could be on that pleases at least 80-90%. People would argue that freedom of religion is not the same thing as freedom of speech and that if a country has freedom of religion they should not allow their people to also have freedom of speech. Both freedom of speech and freedom of religion, however, go under the UN’s Human Rights Committee. In 1966 the UN Human Rights Committee cooperated with the ICCPR, International Covenant on Civil and Political Rights, and established a treaty that “provides for freedom of opinion and expression and other fundamental rights.” In 1983 there was a debate of freedom of religion that resulted in a 4 paragraph resolution. Although, after that there was an intense 2 year debate that had a result of a 52 paragraph resolution written by the General Commissioner No. 34. It is eminent that the UN has been concerned and involved in this issue for over a 2 or...

Words: 582 - Pages: 3


...gentle, not quarrelsome, not a lover of money. 4 He must manage his own household well, with all dignity keeping his children submissive, 5 for if someone does not know how to manage his own household, how will he care for God's church? 6 He must not be a recent convert, or he may become puffed up with conceit and fall into the condemnation of the devil. 7 Moreover, he must be well thought of by outsiders, so that he may not fall into disgrace, into a snare of the devil. The theme of the year for me is cultivating character. My lifegroup is called the Realest. We're striving to be real with ourselves, God, and one another, to be real in our Relationship with God, Evangelism, Awareness of ourselves, and Love for one another. At undergrad retreat, my favorite analogy was P Jimmy's iceberg analogy on Sunday. An iceberg is 10% exposed above water, 90% hidden underwater. Similarly, our lives are 10% exposed in our actions and behavior, but 90% hidden in our inner character that drives those actions actions and behaviors. This is my senior year. I'm graduating in 31 days, and my last exam of undergrad is in 34 days. Next semester I'll be interning at PwC. Summer is uncertain (missions hopefully). Then next September I'll be back at Ross for my Masters of Accounting. I'm thinking about relationships with different people, whether it's with parents, classmate/colleagues, peers, older/younger brothers and sisters, future girlfriend/wife. How do I guard my heart, love when it's......

Words: 733 - Pages: 3

Types of Characters

...Topic: Types of Characters in Fiction In fictional literature, authors use many different types of characters to tell their stories. Different types of characters fulfill different roles in the narrative process, and with a little bit of analysis, you can usually detect some or all of the types below. * Major or central characters are vital to the development and resolution of the conflict. In other words, the plot and resolution of conflict revolves around these characters. * Minor characters serve to complement the major characters and help move the plot events forward. * Dynamic - A dynamic character is a person who changes over time, usually as a result of resolving a central conflict or facing a major crisis. Most dynamic characters tend to be central rather than peripheral characters, because resolving the conflict is the major role of central characters. * Static - A static character is someone who does not change over time; his or her personality does not transform or evolve. * Round - A rounded character is anyone who has a complex personality; he or she is often portrayed as a conflicted and contradictory person. * Flat - A flat character is the opposite of a round character. This literary personality is notable for one kind of personality trait or characteristic. * Stock - Stock characters are those types of characters who have become conventional or stereotypical through repeated use in particular types of stories. Stock characters are......

Words: 862 - Pages: 4


...Characters The main character of the book, Gangsta Rap, is a fifteen year-old boy named Ray. Ray is faced with plenty of turmoil throughout his household. He is constantly fighting with his parents about the way he acts and carries himself. Getting thrown out of school does not make Ray’s situation any better. He hangs out with his two closest friends, Tyrone and Prem. Just like Ray, Tyrone and Perm have been kicked out of school too. The boys love rapping and listening to many different genres of music. They use their talents and eventually make up a Rap group. Ray is the lead rapper in this group, and he finally finds something that he can relate too. Another character in this book is named Marga Man. He is a Jamaican, who owns a very popular music store in the city. He treats Ray, Prem, and Tyrone as if they were his own children. He allows them to hang around the shop, pretty much whenever they want to. He even allows Ray to sleep in the shop, when Ray decides he does not want to go home for the night. He has so much of a good relation with the boys, that they name him there manager of their rap group, Positive Negatives. One of the most important characters in this book is Mr. Lang. He is the principal of the school where the boys attended. Unfortunately he kicks the boys out of the school, but he also managed to get a special program for the boys to focus on their interest in life, music. He convinces the boys’ parents to let them attend this special program...

Words: 299 - Pages: 2

Defamation as a Tort

...TORTS ASSIGNMENT 3 The class of defamation as a tort is a complex subject as there are several things that must be considered and taken into account when litigation a case of this nature. The book defines defamation as a statement that tends to harm the reputation of another, encompassing both libel and slander. I also looked up the term Defamation in the New Mexico Rules, Statues and Uniform Jury Instructions: 13-1001. Defamation: Defined. Defamation is a wrongful [and unprivileged] injury to [a person's] reputation.    Statutes, Rules and Const. > NMRA (Unannotated) > Uniform Jury Instructions — Civil > CHAPTER 10 Defamation > 13-1001. Defamation: Defined. 59A-16-10. Defamation. A.   No person shall make, publish, disseminate or circulate, directly or indirectly, or aid, abet, counsel, procure or encourage the making, publishing, disseminating, transmission or circulation to another, of any oral or written statement or any pamphlet, circular, article or literature which is false, or maliciously critical of, or derogatory as to financial condition or otherwise as to an insurer or organization proposing to become an insurer, and which is calculated to injure such insurer, or proposed insurer, or any person engaged or proposing to engage in any of the business of or with an insurer.    B.   Any person who violates this section shall be guilty of a misdemeanor and is subject to the penalties prescribed by Section 18 [59A-1-18...

Words: 1201 - Pages: 5