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Written act of defamation
Libel
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Oral act of defamation
Slander
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4 points to be proved for libel
- Statement published to others by print or broadcast
- Plaintiff was identifiable or is identifiable
- Actual injury
- Money Loss
- Impairment of Reputation
- Humiliation or mental anguish
- Suffering
- Publisher of statement was malicious or negligent
- (made to 3rd party)
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Defense to Libel
- Truth
- Fair comment defense
- Qualified opinion
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Invasion of privacy
Releases for advertising and promotion
Regulation of government agencies
Legal Issues
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Deals with unfair methods of competition in commerce and unfair acts and practices
Unsubstantial claims
Fraudulent testimonials
Puffery
Deceptive Surveys
Nonexistent authority
Federal Trades Commision
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Use of Endorsements and Testimonials in Advertising
- Endorsers as well as advertisers can be held liable for false or unsubstantiated claims or for failing to disclose material connections between the parties
- No "safe harbor" whereby testimonials can be qualified by a "results may vary"disclaimer
- Celebrities should disclose relationships with advertisers
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Bloggers who receive cash or in-kind payment
- must disclose material connections they share with the seller of the product
- firms that engage bloggers may be liable if blogger doesn't disclose relationship
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Advertisements or promotions that feature a consumer who conveys his or her experience with a product or service as "typical"
should clearly disclose what results consumers can generally expect or specify how the results were unique to the invidual
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Research cited
clearly disclosed
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Purpose is to secure for the creator of the original work all the benefits of creating it
Applies to written words, illustrations, plays, musical works, websites
Copyright
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Can use material for comment, news reporting, teaching, scholarship or research
Best to get permission
Fair Use and Infringement
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An organization's name, products or slogans
Restricted to owner of manufacturer
Trademark
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The study of value, morals and morality
Ethics
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Navran Decision Making Model
DIE MIEP
- Define problem
- Identify viable alternatives
- Evaluate alternatives
- Make decision
- Implement the decision
- Evaluate the devision
- PLUS Filter (Policies, Legal, Universal, Self)
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