Virgin Islands USLegal Guide to Defamation; Libel and Slander

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Multi-State
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US-GDE-14
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Word; 
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Description

This guide provides an overview of defamation law. Topics included cover the definitions of libel and slander, proving defamation, defenses to defamation, and more.

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  • Preview USLegal Guide to Defamation; Libel and Slander
  • Preview USLegal Guide to Defamation; Libel and Slander
  • Preview USLegal Guide to Defamation; Libel and Slander
  • Preview USLegal Guide to Defamation; Libel and Slander
  • Preview USLegal Guide to Defamation; Libel and Slander

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FAQ

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 subject ...

A defamatory statement must be an assertion of fact, not an opinion. For example, if your boss says that you are not a very nice person, then that statement is likely to be an opinion. On the other hand, if your boss says you have been stealing from the company, that is a statement of fact, not opinion.

Cardillo sued for libel, but the federal appeals court rejected his claim, writing that he was ?libel-proof? because he was a ?habitual criminal.? Other courts have applied the libel-proof plaintiff doctrine to murderers, convicted thieves, and those with numerous narcotics convictions.

Defamation lawsuits are challenging because they require a lot of fact-finding. It may require experts to testify on your behalf about the psychological and emotional harm you've suffered. Unless your lawyer is working on a contingency basis, it can also be quite costly.

To prove either type of defamation lawsuit, plaintiffs must usually prove the following elements: The defendant made a false statement of fact concerning the plaintiff; The defendant made the defamatory statement to a third party knowing it was false (or they should have known it was false);

To prevail in a defamation lawsuit, a plaintiff must prove that the defendant made a false and defamatory statement about the plaintiff that was communicated to a third party. Thus a false and objectionable statement sent in an e-mail to the plaintiff's co-worker may be libelous.

Libel and slander are both types of defamation. 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.

A person who wishes to successfully sue you for libel must generally prove the statement is false. In most states, truth is a complete defense to a libel action. You generally can't sue if the statement in question is true, no matter how unpleasant the statement or the results of its publication.

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Virgin Islands USLegal Guide to Defamation; Libel and Slander