Which of the following can be raised as a defense to a claim of defamation?
A)That the Internet service provider was publishing information originating from a third party.
B)That there was a constitutional privilege to comment about the plaintiff who is a public figure and that the statement was made without malice.
C)That there was a conditional privilege to publish a defamatory statement in order to protect a legitimate self-interest.
D)All of the above.

Question

Quizplus · Accepted Answer

All three choices can be raised as a defense to a claim of defamation. Choice A relates to the defense of immunity for Internet service providers under Section 230 of the Communications Decency Act. Choice B refers to the First Amendment privilege to comment on matters of public concern and the requirement of proving actual malice when the plaintiff is a public figure. Choice C refers to the defense of conditional privilege in situations where the defendant had a legitimate interest in publishing the defamatory statement, such as in the case of providing a job reference or reporting suspected criminal activity.

Which of the Following Can Be Raised as a Defense