Defamation. Persons may be sued if they defame others, whether the defamation is written (libel) or spoken (slander).
Civil Code §44. Liability for defamagion can extend to those who publish the defamatory remarks of others. The generic elements of defamation are:
False statement that is expressly implied to be factual. Statements are not defamatory if they are true.
Intentionally published to a third party. "One of the elements of the tort of defamation is 'publication.' In general, each time the defamatory statement is communicated to a third person who understands its defamatory meaning as applied to the plaintiff, the statement is said to have been 'published,' although a written dissemination, as suggested by the common meaning of that term, is not required. Each publication ordinarily gives rise to a new cause of action for defamation." (Shively v. Bozanich, supra, 31 Cal.4th at p. 1242.) "Publication of defamatory matter is [153 Cal.App.4th 878] its communication intentionally or by a negligent act to one other than the person defamed." (Hellar v. Bianco (1952) 111 Cal.App.2d 424, 426.) See Haley v. Casa Del Rey; Ruiz v. Harbor View.
Not privileged. Officers, directors and managing agents are generally protected against liability for defamation when they publish information to the membership about the association's finances, delinquencies, rules violations, etc., even if the information is inaccurate, provided the publication was done without malice and the publication was to persons who have an interest in the communication, i.e., the membership. Civil Code §47. See Damon v. Ocean Hills; Healy v. Tuscany Hills.
Causes damage.
Libel. Libel is a false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation.
Civil Code §45. A libel which is defamatory of the plaintiff without the necessity of explanatory matter, such as an inducement, innuendo or other extrinsic fact, is said to be a libel on its face.
Slander. Slander is a false and unprivileged spoken publication against a person which:
Charges that person with a crime, or with having been indicted, convicted, or punished for crime;
Imputes existence of an infectious, contagious, or loathsome disease;
Tends directly to injure him in respect to his office, profession, trade or business, either by imputing to him general disqualification in those respects which the office or other occupation peculiarly requires, or by imputing something with reference to his office, profession, trade, or business that has a natural tendency to lessen its profits;
Imputes impotence or a want of chastity;
Causes actual damage.
SLAPP. If someone is sued for the purpose of quashing their free speech rights, an
anti-SLAPP motion can be filed.
Litigation Privilege. The litigation privilege is a type of immunity given to statements in connection to litigation. The protections are found in
Civil Code §47(b) and
Code Civ. Proc. §425.16
which are construed broadly to protect the right of litigants to the utmost freedom of access to the courts without the fear of being
harassed subsequently by derivative tort actions. Thus, a communication is absolutely immune from any tort liability if it has some relation to judicial proceedings.
Healy v. Tuscany Hills.