DEFAMATION

Defamation. Persons may be defamed either through libel or slander. Civil Code §44

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:

1.  Charges that person with a crime, or with having been indicted, convicted, or punished for crime;

2.  Imputes existence of an infectious, contagious, or loathsome disease;

3.  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;

4.  Imputes impotence or a want of chastity; or

5.  Causes actual damage. Civil Code §46

Qualified Privilege. Officers, directors and managing agents are generally protected against liability for defamation when they may publish information to the membership about the association's finances, delinquencies, rules violations, etc., even if the information is inaccurate, if 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 Free Speech

Updated 8/9/2008