Defamation, which includes libel and slander, is the making of false and malicious statements that are communicated either through writing or spoken words. Defamation can result in liability for the publisher or speaker of the false and malicious statement.
Written defamation, such as someone defaming someone in a book, magazine, or newspaper, is called libel. Spoken words about someone are called slander. A person who has been defamed can sue the person that did the defaming in civil court if they can prove the elements of defamation were present.
Defamation laws are in place to prevent people from ruining other people’s lives when it comes to career, reputation, and personal life. On the other hand, people have the right to speak freely about one another without being scared that they are going to get pulled into court for litigation.
There are two types of defenses to defamation: Common Law Defenses and Constitutional Defenses.
Common Law Defenses
Common law defenses to defamation include:
Constitutional Defenses to Defamation
The Constitution of the United States also provides defense for defamation. The availability of these defenses depend on the status of the person being defamed:
Proving defamation can be difficult and confusing. A personal injury lawyer can help you prove or defend against a defamation charge. An attorney can also help you file court papers and represent you.
Last Modified: 02-04-2016 12:02 PM PSTLaw Library Disclaimer
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