New Jersey

Note: This page covers information specific to New Jersey. For general information concerning false light see the general False Light section of this guide. 

New Jersey recognizes the tort of "false light." Plaintiffs can sue for "false light" when false information is spread about them that is false and offensive. The specific things a plaintiff must prove are listed below under "Elements of a False Light Claim."

False light in New Jersey is similar to defamation. Both protect against the same wrongs -- offensive false statements. The key difference between defamation and false light is that they protect against different harms flowing from such statements. Defamation protects a person's public reputation, while false light protects a person's internal mental tranquility. See Romaine v. Kallinger, 537 A.2d 284, 290 (N.J. 1988)

Elements of a False Light Claim

To establish false light a plaintiff must prove that the defendant (1) made statements about the plaintiff (2) to the public that are (3) offensive and (4) false. Each of these requirements is described in greater detail below.

Identification of Plaintiff

The statement in question must identify the plaintiff in particular. For example, falsely criticizing all doctors will not allow any particular doctor to sue you.

Public Disclosure

For a plaintiff to win, he or she must show that the statement in question was publicized. While New Jersey courts require the false statement to be disclosed to the public, they have not ruled on what exactly that means. It is safe to say that publishing on the Internet for the whole world to see is public disclosure.

Offensiveness   read more »

Note: This page covers information specific to New Jersey. For general information concerning defamation, see the Defamation Law section of this guide.

Elements of Defamation

In New Jersey, the elements of a defamation claim are:

1. a false statement about the plaintiff;
2. communication of the statement to a third party;
3. fault of the defendant amounting at least to negligence; and
4. damages suffered by the plaintiff.

See DeAngelis v. Hill, 847 A.2d 1261, 1267-68 (N.J. 2004). The elements of a New Jersey defamation claim are similar to the elements listed in the general Defamation Law section, with the following exceptions:

Public and Private Figures

New Jersey follows the U.S. Supreme Court's decision in Rosenblatt v. Baer, 383 U.S. 75 (1966), in determining who is a public official for purposes of defamation law. Under this test, the public official designation applies to "those among the hierarchy of government employees who have, or appear to the public to have, substantial responsibility for or control over the conduct of governmental affairs.” Costello v. Ocean County Observer, 643 A.2d 1012, 1021 (N.J. 1994) (quoting Baer). Reading this test expansively, New Jersey courts have consistently held that police officers are public officials. Other examples of public officials include a former school district athletic director, a tax assessor, a building inspector, an incumbent mayor.   read more »

Note: This page covers information specific to New Jersey. For general information concerning Strategic Lawsuits Against Public Participation (SLAPPs), see the overview section of this guide.

New Jersey does not have an anti-SLAPP statute. You can find general information in the section on Responding to Strategic Lawsuits Against Public Participation (SLAPPs). If you receive a SLAPP, you should immediately get legal assistance. You also may want to refer to the section on Responding to Lawsuits for more information.

Although New Jersey has no anti-SLAPP statute, New Jersey courts have shown concern about the impact of SLAPPs. As a result, they have allowed a defendant who successfully defeats a SLAPP-type suit to seek damages from the SLAPP filer on a claim of malicious use of process, akin to California's "SLAPPback" claim. Thus, if you successfully fend off a SLAPP-type suit in New Jersey, you may want to consider a malicious use of process claim. If you are interested in this route, you should consult an attorney to see whether such a claim may be viable in your case.

How to Make a Malicious Use of Process Claim in New Jersey

New Jersey's malicious use of process claim consists of four elements that you must prove:   read more »

Note: This page covers information specific to New Jersey and should be read in conjunction with the general section on retraction in the section on Correcting or Retracting Your Work After Publication which has additional information applicable to all states.

New Jersey has a retraction statute, N.J. Stat. § 2A:43-2, that applies to "the owner, manager, editor, publisher or reporter of any newspaper, magazine, periodical, serial or other publication." Although the statute does not specifically state whether it covers online publications, it does not require that the article be published in a specific medium (e.g. print only). Thus, if your role can be characterized as the owner, manager, editor, publisher or reporter of an online "newspaper, magazine, periodical, serial or other publication," you have a colorable argument that the retraction law applies you. 

Handling Requests to Remove or Retract Material in New Jersey

If someone contacts you with a retraction request, you should first determine whether a retraction is warranted; review the steps under the handling a retraction request section of this guide for help in making this assessment. If you determine that a retraction is appropriate, you should follow the procedures outlined in the New Jersey retraction statute so that you can avail yourself of the statutory benefit of limiting potential defamation damages.   read more »

New Jersey recognizes a legal claim for publication of private facts. For the most part, the law in New Jersey is similar to that described in the general page on publication of private facts. See that page for a full discussion of the elements of and defenses to a private facts claim. This page addresses only those aspects of New Jersey law that are different from the general description.

Elements of a Private Facts Claim

In New Jersey, the elements of a publication of private facts claim are: (1) the matter or matters revealed were actually private; (2) dissemination of such facts would be offensive to a reasonable person; and (3) there is no legitimate public interest in being apprised of the facts publicized.

New Jersey law does not impose liability for publication of factually accurate information that is "newsworthy" or of legitimate public concern. Courts applying New Jersey law have found the following things, among others, to be of legitimate public concern (i.e., newsworthy):   read more »