Libel is an untrue defamatory statement that is made in writing. Slander is an untrue defamatory statement that is spoken orally. The difference between defamation and slander is that a defamatory statement can be made in any medium. It could be in a blog comment or spoken in a speech or said on television.
The plaintiff bears the burden of proving that the harmful statements are false. By examining whether the defendant's statement would have an effect different from a proposed statement by the plaintiff, courts test whether a statement is false.
The statement must be untrue and presented as a factual claim rather than an opinion to be defamation. Additionally, there must be evidence that the statement caused or has the potential to cause significant damage to the reputation of the individual or entity targeted.
A public figure must prove that a Defendant acted with 'actual malice' in publishing a false statement about the plaintiff. Actual malice means that the person either knew the statement was false or showed such reckless disregard for the truth that they should have known the statement was false.
Slander can be hard to prove, as the complainant must show the slanderer was driven by malice and knew their claims were false. Slander is different from libel, which are false statements made through print or broadcast.
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 reputation of the person or entity who is the ...
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.
If someone has written something about you or said something about you out loud, and it has a negative impact on your professional reputation, you may have a case. It is important to find out immediately if you have a case for defamation in New York.