Defamation due to breach of confidentiality












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?






united-states defamation confidentiality







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  • 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?






united-states defamation confidentiality







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?






united-states defamation confidentiality







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




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
























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        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






























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