Lesson 26: What is Defamation?

Defamation is a wrongful act where one party makes a false statement about another party, harming their reputation. It falls under Intentional Torts. Defamation can be categorized into two forms: Libel and Slander.

Libel vs. Slander

Libel refers to defamatory statements made in written or published form.
Slander involves defamatory statements made verbally.

Understanding the Elements of Defamation

To prove defamation, the plaintiff must establish specific elements:

  • Statement: A false statement was made about the plaintiff.
  • Publication: The statement was communicated to a third party.
  • Fault: The defendant acted negligently or with actual malice.
  • Damage: The plaintiff suffered harm as a result of the statement.

For more insights on this topic, consider reading Understanding Torts by Carolyn Keatinge.

Legal Defenses to Defamation

There are several defenses available to a person accused of defamation:

Truth: If the statement is true, it is a complete defense to defamation.
Privilege: Certain statements made in privileged contexts (e.g., in court) are protected.
Opinion: Statements that are clearly opinions, rather than statements of fact, may be protected.

Example Case Study

Consider a case where a newspaper falsely reports that a business owner committed fraud. The business owner may have grounds to sue for defamation if they can prove the false statement harmed their reputation.

graph TD A["Newspaper publishes false statement"] B["False statement about business owner"] C["Reputation harm and financial loss"] A --> B B --> C

For further reading, see Defamation on Wikipedia.

Additional Resources

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