What is defamation? What are 4 factors of defamation? Are school leaders' communication privileged?

Most tort liability cases involve claims for damages that are physical or mental injuries. But if people’s reputations are damaged, they can claim injury and be awarded damages for written or spoken defamation.
There are two terms related to defamation: slander and libel.
Slander refers to spoken defamation, including sign language.
Libel refers to written defamation, including pictures, videos, and conduct.
There are four things to determine whether defamation has occurred. Courts take it into consideration these four factors:
whether the targeted individual was a private person or a public person
whether the communication was true or false
whether the expression was an opinion or fact
whether the comment was privileged
Privilege is a special legal right or immunity granted to individuals. Privileged communication is an interaction between two parties in which the law recognizes a private, protected relationship. Whatever is communicated between the two parties must remain confidential, and the law cannot force their disclosure. Examples of privileged communication include the interactions between attorney and client, between doctor and patient, between priest and parishioner, and between two spouses.
Both absolutely privileged and qualified privileged communication have been supported in courts.
Statements that are considered absolutely privileged cannot be served as a basis for defamation under any circumstance, even if they are false and result in injury. Absolutely privileged communication occurs when school officials’ statements are made during informal judicial or administrative proceeding. This defense has been applied in cases involving superintendents and school board members. School board members’ statements about a district supervisor at a school board meeting were considered absolutely privileged by the North Dakota Supreme Court.
#Defamation #PrivilegedCommunication #SchoolLaw