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Defamation is defined as spreading a false report or insinuation apt to cause harm to a person, or otherwise disparaging someone. Defamation of the deceased may also constitute an offence if apt to cause harm to surviving loved ones.
- Overview
- Elements
- Burden of Proof to Show Fault
- Privileges and Defense
- Further Reading
Defamation is a statement that injures a third party's reputation. The tort of defamation includes both libel (written statements) and slander(spoken statements).
To prove prima facie defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault amounting to at least negligence; and 4) damages, or some harm caused to the person or entity who is the subject of the statement.
Most states assume that a speaker who defames another necessarily has the requisite guilty state of mind. In Levinsky's, Inc. v. Wal-Mart Stores, Inc., 127 F.3d 122 (1st Cir. 1997),the court held that in Maine, all defamation claims need showing of fault, which requires the plaintiff to prove that the defendant was at least negligent.
Truth is widely accepted as a complete defense to all defamation claims. An absolute privilege is also a complete defense to a defamation claim. Among other examples, this includes statements made by witnesses during a judicial proceedings.
In the defamation context, a qualified privilege permits someone to make a statement that would typically be considered defamatory, but because of particular circumstances, a particular statement made would not be considered to be defamatory. However, if the statement is made with actual malice, then the speaker will no longer be entitled to the qualified privilege. Among other examples, this includes statements made during legislative proceedings.
For more on defamation, see this Florida State University Law Review article, this Valparaiso University Law Review article, and this Berkeley Law Review article.
17 de may. de 2024 · Defamation, in law, the act of communicating to a third party false statements about a person that result in damage to that person’s reputation. The concept encompasses libel, or defamation through published words or pictures, and slander, or spoken defamation.
- The Editors of Encyclopaedia Britannica
20 de may. de 2023 · La difamación es un acto que implica compartir información falsa o negativa sobre una persona o entidad con la intención de dañar su reputación. En este artículo, exploraremos el impacto de la difamación en la sociedad y cómo protegerte de ella.
10 de ene. de 2015 · Defamation defined and explained with examples. Defamation is an untrue spoken or published statement that harms the reputation of a person.
Defamation is the umbrella term that describes statements someone makes about another person, which hurt their ability to function in society, says David Partlett, Ada Griggs Candler Professor of...
Defamation happens when a person or business makes a false statement—verbally or in writing—about someone that damages their reputation. Defamation laws vary from state to state, but the basic elements of defamation are the same in every state.
