Smith v. Johnson
By: Bass Partners, Attorney
To: Jane Johnson
Mr. Douglass Smith has filed a lawsuit accusing him of two separate counts of defamation, invasion of privacy and willfully causing emotional distress. In the case of invasion of privacy, the charges involved the disclosure of private facts and the misappropriation of a name or likeness. The law is very clear about the charges on all three fronts. Applicable defamation laws determine when defamation suits are available and what defenses are available to the defendant. A defamation action is admissible if Ms. Jane made or published a false statement claiming to be true in her disclosure to a third party; in this case, the public, and whether damages were caused to Mr. Douglas by publication. The Defamation Act applied to Ms Johnson’s case based on the defenses available to her. These include absolute defenses such as truth and privilege, where the information being said is true no matter how negative it may be.
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