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Sun 09 October 2016

Defamation Law: The Basics

Posted by Roosevelt Foxall in Simply Law   

Ever experienced someone published a wrong statement about you which hurt your credibility? You just might be a victim of defamation.  The defamatiion is a little tricky becuse it can somehow contradict with the idea of free speech. So, what should we know about defamation and how can we protect ourselves from malicious thoughHere are the basics of the defamation law:

 

Defamation is defined as any false statement that was intended, either spoken or written, that harms a person's or company's reputation. It can result in the decrease of respect which can be really damaging.

Elements of defamation:

  1. Defamatory language
  2. Of and concerning the plaintiff
  3. Publication to 3rd party
  4. Damage to plaintiff's rep
  5. Falsity (Public concern)
  6. Fault  (Public concern)

Defenses to defamation:

  1. Consent
  2. Truth
  3. Absolute Privelege
  4. Qualified Privelege