Torts: Defamation and Privacy
This project is part of ALI’s ongoing revision of the Restatement Second of Torts. Portions of the Restatement Second have been superseded by the Restatement Third of Torts: Products Liability, Apportionment of Liability, Liability for Physical and Emotional Harm, and Liability for Economic Harm.
This Restatement addresses torts dealing with personal and business reputation and dignity, including defamation, business disparagement, and rights of privacy. Among other issues, the work will cover the substantial body of new issues relating to the internet.
Tentative Draft No. 1 (Electronic PDF)
Tentative Draft No. 1 contains Chapter 1 on Invasions of Interest in Reputation, covering five Topics: Elements of a Cause of Action for Defamation (§ 1); Publication of a Defamatory Statement (§§ 2-5); Defamatory Communications (§§ 6-10); Applicability of Defamatory Communication to Plaintiff (§§ 11-13); and The Fault of the Defendant (§ 14). The membership voted to approve this draft at the 2026 Annual Meeting subject to the amendments approved at the Meeting, discussion at the Meeting, and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.
Tentative Draft No. 1 (softbound)
Tentative Draft No. 1 contains Chapter 1 on Invasions of Interest in Reputation, covering five Topics: Elements of a Cause of Action for Defamation (§ 1); Publication of a Defamatory Statement (§§ 2-5); Defamatory Communications (§§ 6-10); Applicability of Defamatory Communication to Plaintiff (§§ 11-13); and The Fault of the Defendant (§ 14). The membership voted to approve this draft at the 2026 Annual Meeting subject to the amendments approved at the Meeting, discussion at the Meeting, and editorial prerogative. This material may be cited as representing the Institute’s position until the official text is published.