Dhara
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n legal terminology, ādefamationā refers to any statement given that hurts the reputation of another person. According to the law in the United States, defamation is not a crime but whatās called a tort or civil wrong, whereby the person who has been defamed has legal recourse and is able to sue the person who gave the harmful statement. Defamation of character claims can be tricky, as the courts are always trying to preserve freedom of speech and the right to political and social disagreement, with a personās right not to have his or her life ruined by another who is spreading lies. Hereās a closer look at defamation of character law in the U.S.
Types of Defamation of Character
In general, defamation is categorized as either slander (where the defamation is spoken) or libel (where the defamation is written). Hereās a closer look at both:
Slander: This covers any defamatory statements that are oral, or spoken. In general, these types of defamatory cases are more difficult to prove unless malice is involved (where a person sought out to intentionally hurt the victimās reputation).
Libel: This category refers to both defamatory statements and visuals (pictures) that is published in print or broadcast in the media (usually radio, TV, or film). The key here is that the statement must be presented as a fact, not an opinion, to be considered libel.
How to Prove Defamation of Character
In order to be successful in court, a victim of defamation of character must prove several things about the defamatory statement:
The statement must be published: Basically, this means that a third party (other than the victim) must be able to testify that he or she saw or heard the statement, wither through the printed media or through speeches, gossip, or even loud conversation.
The statement must be false: If the statement is a fact of truth, however hurtful it might have been to the victim it is not considered damaging. This is why opinions are not usually counted as ādefamation,ā as they canāt be proven to be objectively false.
The statement must be injurious: The victim must be able to show that his or her reputation was hurt by the false statement and that there were injuries suffered as a result. This can be anything from lost work to harassment by neighbors or the press.
The statement must be unprivileged: Simply put, any communication that is considered āprivileged,ā such as testimony as a witness in a court of law, cannot be considered defamation. Lawyers are likewise protected under this aspect of the law.
Defamation of Character Defined | Enlighten Me
Types of Defamation of Character
In general, defamation is categorized as either slander (where the defamation is spoken) or libel (where the defamation is written). Hereās a closer look at both:
Slander: This covers any defamatory statements that are oral, or spoken. In general, these types of defamatory cases are more difficult to prove unless malice is involved (where a person sought out to intentionally hurt the victimās reputation).
Libel: This category refers to both defamatory statements and visuals (pictures) that is published in print or broadcast in the media (usually radio, TV, or film). The key here is that the statement must be presented as a fact, not an opinion, to be considered libel.
How to Prove Defamation of Character
In order to be successful in court, a victim of defamation of character must prove several things about the defamatory statement:
The statement must be published: Basically, this means that a third party (other than the victim) must be able to testify that he or she saw or heard the statement, wither through the printed media or through speeches, gossip, or even loud conversation.
The statement must be false: If the statement is a fact of truth, however hurtful it might have been to the victim it is not considered damaging. This is why opinions are not usually counted as ādefamation,ā as they canāt be proven to be objectively false.
The statement must be injurious: The victim must be able to show that his or her reputation was hurt by the false statement and that there were injuries suffered as a result. This can be anything from lost work to harassment by neighbors or the press.
The statement must be unprivileged: Simply put, any communication that is considered āprivileged,ā such as testimony as a witness in a court of law, cannot be considered defamation. Lawyers are likewise protected under this aspect of the law.
Defamation of Character Defined | Enlighten Me
