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The following is general legal information and not legal advice. Contact an attorney to be advised on your specific situation. There are no guarantees the information provided below is current, or accurate. The Law Offices of Steven C. Vondran is only licensed to practice law in California and Arizona. This website is not an attempt to solicit clients outside of the State of California or Arizona.
California Civil Code: Law of Libel and Slander Defamation California Code of Civil Procedure Section 44: Libel and Slander 44. Defamation is effected by either of the following: (a) Libel
(b) Slander
California Code of Civil Procedure Section 45: Definition of Libel
45. 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.
California Code of Civil Procedure Section 45(a): Libel Damages
45a. 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. Defamatory
language not libelous on its face is not actionable unless the
plaintiff alleges and proves that he has suffered special damage as a
proximate result thereof. Special damage is defined in Section 48a
of this code.
California Code of Civil Procedure Section 46: Slander
46. Slander is a false and unprivileged publication, orally
uttered, and also communications by radio or any mechanical or other means which: 1. Charges any person with crime, or with having been indicted, convicted, or punished for crime;
2. Imputes in him the present 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 to him impotence or a want of chastity; or 5. Which, by natural consequence, causes actual damage.
California Code of Civil Procedure Section 47:
Defamation Privileges / Privileged Broadcast
47. A privileged publication or broadcast is one made: (a) In the proper discharge of an official duty (b) In any (1) legislative proceeding (3) in any other official proceeding authorized by law, or
(4) in the initiation or course of any other proceeding authorized by law and reviewable
pursuant to Chapter 2 (commencing with Section 1084) of Title 1 of Part 3 of the Code
of Civil Procedure, except as follows:
Statements Made in a Divorce Pleading may or may not be privileged
(1) An allegation or averment contained in any pleading or
affidavit filed in an action for marital dissolution or legal
separation made of or concerning a person by or against whom no
affirmative relief is prayed in the action shall not be a privileged
publication or broadcast as to the person making the allegation or averment within the meaning of this section unless the pleading is
verified or affidavit sworn to, and is made without malice, by one
having reasonable and probable cause for believing the truth
of the allegation or averment and unless the allegation or averment is material and relevant to the issues in the action. (2) This subdivision does not make privileged any communication made in furtherance of an act of intentional destruction or
alteration of physical evidence undertaken for the purpose of
depriving a party to litigation of the use of that evidence, whether
or not the content of the communication is the subject of a
subsequent publication or broadcast which is privileged pursuant to
this section. As used in this paragraph, "physical evidence" means
evidence specified in Section 250 of the Evidence Code or evidence
that is property of any type specified in Chapter 14 (commencing with
Section 2031.010) of Title 4 of Part 4 of the Code of Civil
Procedure. (3) This subdivision does not make privileged any communication made in a judicial proceeding knowingly concealing the existence of
an insurance policy or policies.
(4) A recorded lis pendens is not a privileged publication unless
it identifies an action previously filed with a court of competent
jurisdiction which affects the title or right of possession of real
property, as authorized or required by law. Employer Comments may not be defamation (c) In a communication, without malice, to a person interested
therein, (1) by one who is also interested, or (2) by one who stands
in such a relation to the person interested as to afford a reasonable
ground for supposing the motive for the communication to be
innocent, or (3) who is requested by the person interested to give the information. This subdivision applies to and includes a
communication concerning the job performance or qualifications of an
applicant for employment, based upon credible evidence, made without malice,
by a current or former employer of the applicant to, and upon request of, one whom
the employer reasonably believes is a prospective employer of the applicant.
This subdivision authorizes a current or former employer, or the employer's agent,
to answer whether or not the employer would rehire a current or former employee.
This subdivision shall not apply to a communication concerning the speech or activities
of an applicant for employment if the speech or activities are constitutionally protected,
or otherwise protected by Section 527.3 of the Code of Civil Procedure or any
other provision of law.
(d) (1) By a fair and true report in, or a communication to, a
public journal, of (A) a judicial, (B) legislative, or (C) other
public official proceeding, or (D) of anything said in the course
thereof, or (E) of a verified charge or complaint made by any person
to a public official, upon which complaint a warrant has been issued.
(2) Nothing in paragraph (1) shall make privileged any
communication to a public journal that does any of the following:
(A) Violates Rule 5-120 of the State Bar Rules of Professional
Conduct. (B) Breaches a court order. (C) Violates any requirement of confidentiality imposed by law. (e) By a fair and true report of (1) the proceedings of a public meeting, if the meeting was lawfully convened for a lawful purpose
and open to the public, or (2) the publication of the matter
complained of was for the public benefit.
Cops can sue for defamation for false complaints
47.5. Notwithstanding Section 47, a peace officer may bring an
action for defamation against an individual who has filed a complaint
with that officer's employing agency alleging misconduct, criminal
conduct, or incompetence, if that complaint is false, the complaint
was made with knowledge that it was false and that it was made with
spite, hatred, or ill will. Knowledge that the complaint was false
may be proved by a showing that the complainant had no reasonable
grounds to believe the statement was true and that the complainant
exhibited a reckless disregard for ascertaining the truth.
48. In the case provided for in subdivision (c) of Section 47,
malice is not inferred from the communication.
48a. 1. In any action for damages for the publication of a libel in
a newspaper, or of a slander by radio broadcast, plaintiff shall
recover no more than special damages unless a correction be demanded
and be not published or broadcast, as hereinafter provided. Plaintiff shall serve
upon the publisher, at the place of publication or broadcaster at the place of
broadcast, a written notice specifying the statements claimed to be libelous
and demanding that the same be corrected. Said notice and demand
must be served within 20 days after knowledge of the publication or broadcast of the
statements claimed to be libelous.
2. If a correction be demanded within said period and be not
published or broadcast in substantially as conspicuous a manner in
said newspaper or on said broadcasting station as were the statements
claimed to be libelous, in a regular issue thereof published or broadcast
within three weeks after such service, plaintiff, if he pleads and proves such notice,
demand and failure to correct, and if his cause of action be maintained, may recover
general, special and exemplary damages; provided that no exemplary damages may be
recovered unless the plaintiff shall prove that defendant made the publication or broadcast
with actual malice and then only in the discretion of the court or jury,
and actual malice shall not be inferred or presumed from the publication or broadcast. 3. A correction published or broadcast in substantially as conspicuous a manner in said newspaper or on said broadcasting
station as the statements claimed in the complaint to be libelous,
prior to receipt of a demand therefor, shall be of the same force and
effect as though such correction had been published or broadcast
within three weeks after a demand therefor. 4. As used herein, the terms "general damages," "special damages," "exemplary damages" and "actual malice," are defined as follows:
(a) "General damages" are damages for loss of reputation, shame,
mortification and hurt feelings; (b) "Special damages" are all damages which plaintiff alleges and proves that he has suffered in respect to his property, business,
trade, profession or occupation, including such amounts of money as
the plaintiff alleges and proves he has expended as a result of the
alleged libel, and no other; (c) "Exemplary damages" are damages which may in the discretion of the court or jury be recovered in addition to general and special
damages for the sake of example and by way of punishing a
defendant who has made the publication or broadcast with actual malice; (d) "Actual malice" is that state of mind arising from hatred or ill will toward the plaintiff; provided, however, that such a state
of mind occasioned by a good faith belief on the part of the
defendant in the truth of the libelous publication or broadcast at
the time it is published or broadcast shall not constitute actual
malice.
48.5. (1) The owner, licensee or operator of a visual or sound
radio broadcasting station or network of stations, and the agents or
employees of any such owner, licensee or operator, shall not be
liable for any damages for any defamatory statement or matter
published or uttered in or as a part of a visual or sound radio
broadcast by one other than such owner, licensee or operator, or
agent or employee thereof, if it shall be alleged and proved by such
owner, licensee or operator, or agent or employee thereof, that such
owner, licensee or operator, or such agent or employee, has exercised
due care to prevent the publication or utterance of such statement or
matter in such broadcast. (2) If any defamatory statement or matter is published or uttered in or as a part of a broadcast over the facilities of a network of
visual or sound radio broadcasting stations, the owner, licensee or
operator of any such station, or network of stations, and the agents
or employees thereof, other than the owner, licensee or operator of
the station, or network of stations, originating such broadcast, and
the agents or employees thereof, shall in no event be liable for any
damages for any such defamatory statement or matter. (3) In no event, however, shall any owner, licensee or operator of such station or network of stations, or the agents or employees
thereof, be liable for any damages for any defamatory statement or
matter published or uttered, by one other than such owner, licensee
or operator, or agent or employee thereof, in or as a part of a
visual or sound radio broadcast by or on behalf of any candidate for
public office, which broadcast cannot be censored by reason of the
provisions of federal statute or regulation of the Federal
Communications Commission. (4) As used in this Part 2, the terms "radio," "radio broadcast," and "broadcast," are defined to include both visual and sound radio
broadcasting. (5) Nothing in this section contained shall deprive any such owner, licensee or operator, or the agent or employee thereof, of any
rights under any other section of this Part 2.
48.7. (a) No person charged by indictment, information, or other
accusatory pleading of child abuse may bring a civil libel or slander
action against the minor, the parent or guardian of the minor, or
any witness, based upon any statements made by the minor, parent or
guardian, or witness which are reasonably believed to be in
furtherance of the prosecution of the criminal charges while the
charges are pending before a trial court. The charges are not
pending within the meaning of this section after dismissal, after
pronouncement of judgment, or during an appeal from a judgment.
Any applicable statute of limitations shall be tolled during the
period that such charges are pending before a trial court. (b) Whenever any complaint for libel or slander is filed which is subject to the provisions of this section, no responsive pleading
shall be required to be filed until 30 days after the end of the
period set forth in subdivision (a). (c) Every complaint for libel or slander based on a statement that the plaintiff committed an act of child abuse shall state that the
complaint is not barred by subdivision (a). A failure to include
that statement shall be grounds for a demurrer. (d) Whenever a demurrer against a complaint for libel or slander is sustained on the basis that the complaint was filed in violation
of this section, attorney's fees and costs shall be awarded to the
prevailing party. (e) Whenever a prosecutor is informed by a minor, parent, guardian, or witness that a complaint against one of those persons
has been filed which may be subject to the provisions of this
section, the prosecutor shall provide that person with a copy of this
section.
(f) As used in this section, child abuse has the meaning set forth
in Section 11165 of the Penal Code.
48.8. (a) A communication by any person to a school principal, or a
communication by a student attending the school to the student's
teacher or to a school counselor or school nurse and any report of
that communication to the school principal, stating that a specific
student or other specified person has made a threat to commit
violence or potential violence on the school grounds involving
the use of a firearm or other deadly or dangerous weapon, is a communication on a matter of public concern and is subject to
liability in defamation only upon a showing by clear and convincing
evidence that the communication or report was made with knowledge
of its falsity or with reckless disregard for the truth or falsity of
the communication. Where punitive damages are alleged, the
provisions of Section 3294 shall also apply. (b) As used in this section, "school" means a public or private school providing instruction in kindergarten or grades 1 to 12,
inclusive.
48.9. (a) An organization which sponsors or conducts an anonymous
witness program, and its employees and agents, shall not be liable in
a civil action for damages resulting from its receipt of information
regarding possible criminal activity or from dissemination of that
information to a law enforcement agency. (b) The immunity provided by this section shall apply to any civil action for damages, including, but not limited to, a defamation
action or an action for damages resulting from retaliation against a
person who provided information. (c) The immunity provided by this section shall not apply in any of the following instances:
(1) The information was disseminated with actual knowledge that it
was false.
(2) The name of the provider of the information was disseminated
without that person's authorization and the dissemination was not
required by law. (3) The name of the provider of information was obtained and the provider was not informed by the organization that the disclosure of
his or her name may be required by law. (d) As used in this section, an "anonymous witness program" means a program whereby information relating to alleged criminal activity is
received from persons, whose names are not released without their
authorization unless required by law, and disseminated to law enforcement
agencies.
Call to speak with a online defamation attorney. Don’t let other people slander or defame your good name and reputation.
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