Question

Bess, an accountant, distributes a handbill accusing her competitor Ciera of being a convicted thief. The statement is defamatory if:

A) Bess believed the statement to be true at the time of distribution.
B) The statement was comμnicated in confidence between Bess and her clients.
C) Ciera is a public figure.
D) The statement was comμnicated with malicious intent to harm Ciera's reputation.

Answer 1

A statement is defamatory if it was made with knowledge that it was false or with a reckless disregard of whether it was false or not, and with malicious intent to harm the person's reputation.

Step-by-step explanation:

The statement is defamatory if Bess knew the statement accusing Ciera of being a convicted thief was false or if Bess showed a reckless disregard for the truth, which is evidenced by the malicious intent to harm Ciera's reputation. According to legal standards set forth in cases such as New York Times v. Sullivan, public figures must show 'actual malice' in defamation cases. If Ciera is a public figure, the necessity to prove actual malice or reckless disregard becomes more stringent. For private individuals, the standards are less stringent, allowing for liability if the defamatory statement is made without fault, as described in Gertz v. Robert Welch, Inc. Thus, if Bess's statement was made with malicious intent to harm Ciera's reputation, it could indeed be defamatory.