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"Defamation of character"
Is a catch-all term for any statement that hurts someone's reputation. Written defamation is called "libel," while spoken defamation is called "slander." Because written statements last longer than spoken statements, most courts, juries, and insurance companies consider libel more harmful than slander.
Defamation is not a crime in most states, but it is a "tort" (a civil wrong, rather than a criminal wrong). The person who has been defamed (the "plaintiff") can sue the person who did the defaming (the "defendant") for damages.
Defamation law tries to balance competing interests: On the one hand, someone shouldn't be able to ruin your life by telling lies about you; on the other hand, people should be able to speak freely without fear of litigation over every insult, disagreement, or mistake. Political and social debate is important in a free society, and we obviously don't all share the same opinions or beliefs. For example, political opponents often reach opposite conclusions from the same facts, and editorial cartoonists often exaggerate facts to make their point.
How Do You Prove Defamation?
Defamation happens when a person makes a false statement—verbally or in writing—about someone else that damages that person's reputation. Defamation laws vary from state to state, but the basic principles of defamation law are the same in every state.
A plaintiff suing for defamation typically must show:
- The defendant published a statement about the plaintiff.
- The statement was false.
- The statement was injurious, and
- The statement was unprivileged. .
Defenses to Defamation Lawsuits :
Defamation claims are complicated and hard to prove because defamation laws have to strike a balance between allowing people to protect their reputations and allowing the free exchange of information, ideas, and opinions.
You can defend yourself against a defamation lawsuit if the statement you made was:
- true
- an opinion
- privileged or
- retracted.
Learn more about Defamation :
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