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.
Slander Libel And Obscenity Are Quizlet In Miami-Dade
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FAQ
Defamation is defined under Section 499 of the Indian Penal Code. It is the act of harming the reputation of another person through spoken or written words. Defamation is the act of making untrue statements about someone, that can damage their reputation.
Defamation. Injuring a person's character or reputation by false and harmful statements.
Defamation concerns a false statement by defendant, communicated to at least one other person, that causes harm to the plaintiff. A defamatory false statement tends to impugn the reputations of the plaintiff, and it constitutes more than mere opinion.
Slander. The publication of a defamatory matter by spoken Words, transitory gestures or by any form of communication other than those stated in subsection 1 (libel)
They key point here is that the statement must be false. If the statement is true, then it is not defamation. In fact, “substantial truth is an absolute defense to a defamation claim.” Fry v. Lee, ¶ 22. So even if the statement holds someone up to ridicule, it is not defamation if it is substantially true.
Truth is a Defense Although the falsity of an alleged defamatory statement must be proven by the plaintiff as a part of the defamatory statement element of the plaintiff's case, in most states, a defendant's contention that the statement was true is deemed to be an affirmative defense.
Establishment clause Clause in the First Amendment that states that Congress shall make no law respecting an establishment of religion.
Libel is an untrue defamatory statement that is made in writing. Slander is untrue statement that is spoken orally.
