Defamation due to breach of confidentiality The Next CEO of Stack OverflowHow is “defamation” defined?Can Social Media Reviews Be Considered Defamation?Defamation against a product in the U.SCredit scores & defamationClient wants me to sign a contract after 1 year of working together, cites US tax laws as the reasonDoes adding a non-committal verb bypass defamation/libel?Defamation, Slander, and InfowarsDefamation vs Works for HireDefamation vs Works for Hire IITherapist violates confidentiality. Any laws applicable?

Why isn't the Mueller report being released completely and unredacted?

Can Plant Growth be repeatedly cast on the same area to exponentially increase the yield of harvests there (more than twice)?

Prepend last line of stdin to entire stdin

If the heap is zero-initialized for security, then why is the stack merely uninitialized?

A Man With a Stainless Steel Endoskeleton (like The Terminator) Fighting Cloaked Aliens Only He Can See

Unclear about dynamic binding

Are police here, aren't itthey?

How to check if all elements of 1 list are in the *same quantity* and in any order, in the list2?

Is a distribution that is normal, but highly skewed considered Gaussian?

What flight has the highest ratio of timezone difference to flight time?

Rotate a column

Why, when going from special to general relativity, do we just replace partial derivatives with covariant derivatives?

Using Rolle's theorem to show an equation has only one real root

Which one is the true statement?

Axiom Schema vs Axiom

Necessary condition on homology group for a set to be contractible

What did we know about the Kessel run before the prequels?

Would a grinding machine be a simple and workable propulsion system for an interplanetary spacecraft?

Running a General Election and the European Elections together

How do I align (1) and (2)?

What steps are necessary to read a Modern SSD in Medieval Europe?

Grabbing quick drinks

How to edit “Name” property in GCI output?

Writing differences on a blackboard



Defamation due to breach of confidentiality



The Next CEO of Stack OverflowHow is “defamation” defined?Can Social Media Reviews Be Considered Defamation?Defamation against a product in the U.SCredit scores & defamationClient wants me to sign a contract after 1 year of working together, cites US tax laws as the reasonDoes adding a non-committal verb bypass defamation/libel?Defamation, Slander, and InfowarsDefamation vs Works for HireDefamation vs Works for Hire IITherapist violates confidentiality. Any laws applicable?










1















Hypothetical: I say negative stuff about John Doe to my psychologist, stuff which isn't defamation per se. My psychologist doesn't directly act on my statements, but does share my statements with third parties. Due to those statements those third parties cancel contracts with John Doe, stop buying products from John Doe, etc.



Could I use as a defense against defamation the fact that I thought my statements to John Doe wouldn't be shared with anyone?










share|improve this question
























  • What jurisdiction is this in? What country, and if it is a federal country, what state or province?

    – David Siegel
    5 hours ago















1















Hypothetical: I say negative stuff about John Doe to my psychologist, stuff which isn't defamation per se. My psychologist doesn't directly act on my statements, but does share my statements with third parties. Due to those statements those third parties cancel contracts with John Doe, stop buying products from John Doe, etc.



Could I use as a defense against defamation the fact that I thought my statements to John Doe wouldn't be shared with anyone?










share|improve this question
























  • What jurisdiction is this in? What country, and if it is a federal country, what state or province?

    – David Siegel
    5 hours ago













1












1








1








Hypothetical: I say negative stuff about John Doe to my psychologist, stuff which isn't defamation per se. My psychologist doesn't directly act on my statements, but does share my statements with third parties. Due to those statements those third parties cancel contracts with John Doe, stop buying products from John Doe, etc.



Could I use as a defense against defamation the fact that I thought my statements to John Doe wouldn't be shared with anyone?










share|improve this question
















Hypothetical: I say negative stuff about John Doe to my psychologist, stuff which isn't defamation per se. My psychologist doesn't directly act on my statements, but does share my statements with third parties. Due to those statements those third parties cancel contracts with John Doe, stop buying products from John Doe, etc.



Could I use as a defense against defamation the fact that I thought my statements to John Doe wouldn't be shared with anyone?







united-states defamation confidentiality






share|improve this question















share|improve this question













share|improve this question




share|improve this question








edited 2 hours ago









Nij

2,10031226




2,10031226










asked 7 hours ago









Matthew ClineMatthew Cline

1113




1113












  • What jurisdiction is this in? What country, and if it is a federal country, what state or province?

    – David Siegel
    5 hours ago

















  • What jurisdiction is this in? What country, and if it is a federal country, what state or province?

    – David Siegel
    5 hours ago
















What jurisdiction is this in? What country, and if it is a federal country, what state or province?

– David Siegel
5 hours ago





What jurisdiction is this in? What country, and if it is a federal country, what state or province?

– David Siegel
5 hours ago










3 Answers
3






active

oldest

votes


















1














Yes.



Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the therapist's license revoked, or perhaps a censure from the licensing authority, whatever it is the the jurisdiction.



Note "published" does not have to mean putting them in print, but does mean making them in such a way that general circulation of them is plausible.






share|improve this answer






























    1














    No



    Let’s assume that what you say to your psychologist is false and causes damage to John Doe.



    Making the statement to the psychologist is the defamatory act.



    Assuming the psychologist does not defame John, that is, she just reports that you said what you said then John has a case against you only.



    You can sue your psychologist for breach of confidence, probably for the full amount John gets from you but her breach is not a defense for you.






    share|improve this answer






























      1














      Possibly



      Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the mistaken accusation, under assumptions of confidentiality, is reasonably related to the therapeutic goals of your sessions with the psychologist, it could be. The question is whether freely communicating the belief is critical to a reasonable purpose (such as getting your head straightened out).






      share|improve this answer























        Your Answer








        StackExchange.ready(function()
        var channelOptions =
        tags: "".split(" "),
        id: "617"
        ;
        initTagRenderer("".split(" "), "".split(" "), channelOptions);

        StackExchange.using("externalEditor", function()
        // Have to fire editor after snippets, if snippets enabled
        if (StackExchange.settings.snippets.snippetsEnabled)
        StackExchange.using("snippets", function()
        createEditor();
        );

        else
        createEditor();

        );

        function createEditor()
        StackExchange.prepareEditor(
        heartbeatType: 'answer',
        autoActivateHeartbeat: false,
        convertImagesToLinks: false,
        noModals: true,
        showLowRepImageUploadWarning: true,
        reputationToPostImages: null,
        bindNavPrevention: true,
        postfix: "",
        imageUploader:
        brandingHtml: "Powered by u003ca class="icon-imgur-white" href="https://imgur.com/"u003eu003c/au003e",
        contentPolicyHtml: "User contributions licensed under u003ca href="https://creativecommons.org/licenses/by-sa/3.0/"u003ecc by-sa 3.0 with attribution requiredu003c/au003e u003ca href="https://stackoverflow.com/legal/content-policy"u003e(content policy)u003c/au003e",
        allowUrls: true
        ,
        noCode: true, onDemand: true,
        discardSelector: ".discard-answer"
        ,immediatelyShowMarkdownHelp:true
        );



        );













        draft saved

        draft discarded


















        StackExchange.ready(
        function ()
        StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38619%2fdefamation-due-to-breach-of-confidentiality%23new-answer', 'question_page');

        );

        Post as a guest















        Required, but never shown

























        3 Answers
        3






        active

        oldest

        votes








        3 Answers
        3






        active

        oldest

        votes









        active

        oldest

        votes






        active

        oldest

        votes









        1














        Yes.



        Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the therapist's license revoked, or perhaps a censure from the licensing authority, whatever it is the the jurisdiction.



        Note "published" does not have to mean putting them in print, but does mean making them in such a way that general circulation of them is plausible.






        share|improve this answer



























          1














          Yes.



          Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the therapist's license revoked, or perhaps a censure from the licensing authority, whatever it is the the jurisdiction.



          Note "published" does not have to mean putting them in print, but does mean making them in such a way that general circulation of them is plausible.






          share|improve this answer

























            1












            1








            1







            Yes.



            Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the therapist's license revoked, or perhaps a censure from the licensing authority, whatever it is the the jurisdiction.



            Note "published" does not have to mean putting them in print, but does mean making them in such a way that general circulation of them is plausible.






            share|improve this answer













            Yes.



            Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the therapist's license revoked, or perhaps a censure from the licensing authority, whatever it is the the jurisdiction.



            Note "published" does not have to mean putting them in print, but does mean making them in such a way that general circulation of them is plausible.







            share|improve this answer












            share|improve this answer



            share|improve this answer










            answered 6 hours ago









            David SiegelDavid Siegel

            15.4k3361




            15.4k3361





















                1














                No



                Let’s assume that what you say to your psychologist is false and causes damage to John Doe.



                Making the statement to the psychologist is the defamatory act.



                Assuming the psychologist does not defame John, that is, she just reports that you said what you said then John has a case against you only.



                You can sue your psychologist for breach of confidence, probably for the full amount John gets from you but her breach is not a defense for you.






                share|improve this answer



























                  1














                  No



                  Let’s assume that what you say to your psychologist is false and causes damage to John Doe.



                  Making the statement to the psychologist is the defamatory act.



                  Assuming the psychologist does not defame John, that is, she just reports that you said what you said then John has a case against you only.



                  You can sue your psychologist for breach of confidence, probably for the full amount John gets from you but her breach is not a defense for you.






                  share|improve this answer

























                    1












                    1








                    1







                    No



                    Let’s assume that what you say to your psychologist is false and causes damage to John Doe.



                    Making the statement to the psychologist is the defamatory act.



                    Assuming the psychologist does not defame John, that is, she just reports that you said what you said then John has a case against you only.



                    You can sue your psychologist for breach of confidence, probably for the full amount John gets from you but her breach is not a defense for you.






                    share|improve this answer













                    No



                    Let’s assume that what you say to your psychologist is false and causes damage to John Doe.



                    Making the statement to the psychologist is the defamatory act.



                    Assuming the psychologist does not defame John, that is, she just reports that you said what you said then John has a case against you only.



                    You can sue your psychologist for breach of confidence, probably for the full amount John gets from you but her breach is not a defense for you.







                    share|improve this answer












                    share|improve this answer



                    share|improve this answer










                    answered 3 hours ago









                    Dale MDale M

                    55.8k23579




                    55.8k23579





















                        1














                        Possibly



                        Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the mistaken accusation, under assumptions of confidentiality, is reasonably related to the therapeutic goals of your sessions with the psychologist, it could be. The question is whether freely communicating the belief is critical to a reasonable purpose (such as getting your head straightened out).






                        share|improve this answer



























                          1














                          Possibly



                          Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the mistaken accusation, under assumptions of confidentiality, is reasonably related to the therapeutic goals of your sessions with the psychologist, it could be. The question is whether freely communicating the belief is critical to a reasonable purpose (such as getting your head straightened out).






                          share|improve this answer

























                            1












                            1








                            1







                            Possibly



                            Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the mistaken accusation, under assumptions of confidentiality, is reasonably related to the therapeutic goals of your sessions with the psychologist, it could be. The question is whether freely communicating the belief is critical to a reasonable purpose (such as getting your head straightened out).






                            share|improve this answer













                            Possibly



                            Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the mistaken accusation, under assumptions of confidentiality, is reasonably related to the therapeutic goals of your sessions with the psychologist, it could be. The question is whether freely communicating the belief is critical to a reasonable purpose (such as getting your head straightened out).







                            share|improve this answer












                            share|improve this answer



                            share|improve this answer










                            answered 1 hour ago









                            user6726user6726

                            61.3k455106




                            61.3k455106



























                                draft saved

                                draft discarded
















































                                Thanks for contributing an answer to Law Stack Exchange!


                                • Please be sure to answer the question. Provide details and share your research!

                                But avoid


                                • Asking for help, clarification, or responding to other answers.

                                • Making statements based on opinion; back them up with references or personal experience.

                                To learn more, see our tips on writing great answers.




                                draft saved


                                draft discarded














                                StackExchange.ready(
                                function ()
                                StackExchange.openid.initPostLogin('.new-post-login', 'https%3a%2f%2flaw.stackexchange.com%2fquestions%2f38619%2fdefamation-due-to-breach-of-confidentiality%23new-answer', 'question_page');

                                );

                                Post as a guest















                                Required, but never shown





















































                                Required, but never shown














                                Required, but never shown












                                Required, but never shown







                                Required, but never shown

































                                Required, but never shown














                                Required, but never shown












                                Required, but never shown







                                Required, but never shown







                                Popular posts from this blog

                                Invision Community Contents History See also References External links Navigation menuProprietaryinvisioncommunity.comIPS Community ForumsIPS Community Forumsthis blog entry"License Changes, IP.Board 3.4, and the Future""Interview -- Matt Mecham of Ibforums""CEO Invision Power Board, Matt Mecham Is a Liar, Thief!"IPB License Explanation 1.3, 1.3.1, 2.0, and 2.1ArchivedSecurity Fixes, Updates And Enhancements For IPB 1.3.1Archived"New Demo Accounts - Invision Power Services"the original"New Default Skin"the original"Invision Power Board 3.0.0 and Applications Released"the original"Archived copy"the original"Perpetual licenses being done away with""Release Notes - Invision Power Services""Introducing: IPS Community Suite 4!"Invision Community Release Notes

                                Canceling a color specificationRandomly assigning color to Graphics3D objects?Default color for Filling in Mathematica 9Coloring specific elements of sets with a prime modified order in an array plotHow to pick a color differing significantly from the colors already in a given color list?Detection of the text colorColor numbers based on their valueCan color schemes for use with ColorData include opacity specification?My dynamic color schemes

                                Ласкавець круглолистий Зміст Опис | Поширення | Галерея | Примітки | Посилання | Навігаційне меню58171138361-22960890446Bupleurum rotundifoliumEuro+Med PlantbasePlants of the World Online — Kew ScienceGermplasm Resources Information Network (GRIN)Ласкавецькн. VI : Літери Ком — Левиправивши або дописавши її