A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Libel For Meaning In Bronx
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Libel is the act of publishing a statement about someone that is not true and that gives a bad impression about the person. Libel is usually contrasted with slander, which refers to a spoken statement that is not true. Both libel and slander are used in legal contexts.
Statements which are defamatory per se include those which impute chastity of sexual misconduct; those which expose a person to ridicule or contempt; those which call into question financial responsibility or reliability; and those which affect business, office, trade, or profession.
: a defamatory statement or representation especially in the form of written or printed words. specifically : a false published statement that injures an individual's reputation (as in business) or otherwise exposes him or her to public contempt. b. : the publication of such a libel.
A defamatory statement made or conveyed in some permanent form and relating to someone other than the person to whom it relates. At common law, libel has been extended to include motion pictures and by statute it has been extended to include theatrical productions and radio and television broadcasts.
Criminal Libel The Supreme Court has held that libel of a public official or public figure cannot be punished criminally unless the requirements of New York Tinies Co. v. Sullivan are met: the statements must be proven to be false and published with 'actual malice.
Libel is the publication of writing, pictures, cartoons, or any other medium that expose a person to public hatred, shame, disgrace, or ridicule, or induce an ill opinion of a person, and are not true.
/ˈlaɪ.bəl/ uk. /ˈlaɪ.bəl/ -ll- or US usually -l- to write and publish something that contains bad and false things about a person: She claims the newspaper libeled her in editorials and news articles.
Generally, to prove defamation, you must show that a false statement was made, about you, to third parties, and which caused you damage. Once you have evaluated your case, and determined that you can satisfy these elements, you can then proceed with pursuing your matter.
Someone can make a libelous statement about a person or business in print or online. Examples of potentially libelous statements include: a social media post spreading a false rumor about a person having a sexually transmitted infection. a Yelp review that falsely claims the reviewer got food poisoning at a restaurant.
Defamation lawsuits are not easy to win because the plaintiff must both prove the difficult elements of his or her case and avoid the many defenses to defamation. This article discusses some of the standard defenses to defamation, including truth and privilege.
