HG.

org Lead

Defamation, ibel and Slander Laws

▶ Personal Injury Law Center

▶ Defamation - Know Your Rights!
▶ Defamation Law Articles

Find a Law Firm:

Type Any word(s)

City, State or Country

SEARCH

Need a Lawyer? Let Us Help You ►

What is defamation law?

Defamation Law falls under Tort Law. It refers to

false statements about a person, communicated
as fact to one or more other persons by an
individual or entity (such as a person, newspaper,
magazine, or political organization), which causes
damage and does harm to the target's reputation
and/or standing in the community. Defamation is
addressed primarily by state legislation. However,
Constitutional Law may also apply, as the right of
freedom of speech also extends to certain
defamation claims. Defamation is categorized as
either Slander or Libel.

The general harm caused by defamation is

identified as being ridiculed, shamed, hated,
scorned, belittled or held in contempt by others,
and lowers him/her in esteem of a reasonably
prudent person, due to the communication of the
false statement. This tort can result in a lawsuit for
damages. Many states have statutes requiring
that the allegedly damaged party must first
demand a printed retraction of the defamatory
statement, before they may proceed to court. If
the plaintiff proceeds with a lawsuit without first
seeking the retraction or if he/she receives a
retraction but proceeds anyway, most states will
limit the damages they may pursue to the actual
or special damages they experienced, such as
loss of employment or wages.

Malice - if intentional malice can be

shown/proven, than the act usually qualifies as
defamation for damage to one's reputation.
However, even without this, if it is obvious that the
statement would do harm and that it is untrue, one
can still pursue this tort if he/she can demonstrate
actual/tangible harm, such as loss of business
(called special damages).

Libel is defamatory statements and/or pictures

published in print or writing; or broadcast in the
media, such as over the radio, on TV or in film.
The publication does not need to be made to
more than one person to qualify as libel. However,
it must be represented as a fact, not an opinion. If
one libels the reputation of a deceased person,
the target's heirs may be able to bring an action
for damages.

Oral defamatory statements are categorized as

slander. Damages for slander are generally more
difficult to identify and prove; although when
malice is involved, it can be easier to accomplish.
These statements must also be represented as
fact, rather than just an opinion, to be considered
slanderous. Slander of title refers to a remark
regarding property ownership which maligns the
owner and his/her ability to transfer the property,
and results in a monetary loss.

Defamation Per Se refers to defamatory

statements that are so vicious and the harm is so
obvious, that malice is assumed, and proof of
intent is not required for general damages (i.e.
falsely accusing someone of committing a crime
involving immorality; claiming someone has a
repugnant, contagious disease; or statements
claiming that the individual is unfit or unable to
perform his employment duties.) Most states
specifically recognize these categories of false
statements as defamatory per se. Libel per se is
also referred to as libel on its face, meaning it
meets all the required elements without further
proof. Defamation Per Quod is the opposite of per
se, in that it is not obvious and extrinsic proof is
required to demonstrate that the communication
was damaging.

Exclusions/Exceptions/Defenses to defamation

• "fair comment" - a statement of opinion which

was arrived at based on accurate facts, which do
not allege dishonorable motives by the person
about whom the statements were made.

• Statements made about a public person

(political candidates, governmental officeholder,
movie star, author, celebrity, sports hero, etc.) are
usually exempt, even if they are untrue and
harmful. However, if they were made with malice -
with hate, dislike, intent and/or desire to harm and
with reckless disregard for the truth - the public
person may have a cause of action. This was
determined by the U.S. Supreme Court and has
been re-interpreted various times.

• Minor errors in reporting, such as publishing a

person's age or title inaccurately or providing the
wrong address.

• Governmental bodies due to the premise that a

non-personal entity cannot have intent.

• Public records are exempt from claims of libel.

• Truth - the communication was true.

Copyright HG.org

Defamation - Know Your Rights!

■ A Guide to Defamation, Libel and Slander
Laws
Defamation is a false statement that is
presented as fact and causes harm to the
character of a person. Slander and libel are
both common forms of defamation. Slander is
an untrue, harmful statement that is spoken
out loud. Libel is an untrue, harmful statement
which is made in writing. Defamation law
protects reputations of individuals and
businesses. In order to prove a defamation
case, you must be able to prove that the
statement was untrue and was made with the
knowledge that the statement was untrue.
■ Defamation: What it is and How to Deal with it
Defamation is when someone tells one or more
persons an untruth about you, and that untruth
harms your reputation. Defamation is the
general term, while slander and libel refer to
particular types of defamation. Libel is a
written defamation, and slander is verbal.
There are three key factors to consider when
deciding whether a defamatory statement
should be taken to court.
■ Is It Legal For Someone to Share Your
Revealing Photos or Videos for Revenge on the
Internet
Unfortunately, in most states, the answer is
"no, it is not illegal to share those photos."
Indeed, posting explicit photos of someone is
legal in every state but California and New
Jersey.

Defamation Law Articles

■ How to Legally Stop Someone From Spreading
Lies About You Online
When someone spreads lies about you online,
it not only stands to damage your reputation
but also your peace of mind (and even your
livelihood). Given the speed and reach of
information in today’s digital age,
understanding how to legally stop someone
from spreading lies about you is crucial.
■ What to Do if You’re Falsely Accused of Sexual
Harassment Online
In recent years, the #MeToo movement has
empowered many sexual abuse victims to
speak out against their harassers. But this
step forward for consent, sexual ethics, and
accountability for predators has also opened
the door for false accusations. Because of the
virality and reach of the internet, especially
social media, it can be hard to know what to
do if you’re falsely accused of sexual
harassment.
■ How To Stop Blackmail Online
When a blackmailer threatens to share harmful
information about you unless you pay them an
exorbitant ransom, it is natural to feel scared
and unsure of how to stop them. Even if you
think you may know how to stop blackmail
online, you should not attempt to navigate this
difficult experience alone.
■ A Scammer Is Threatening to Post Pictures of
Me: What Should I Do?
Is a scammer threatening to post intimate
pictures of you online? It is an unfortunately
common scenario and commonly referred to
as ‘sextortion’: an attractive stranger sends a
friend request on social media, and before you
know it, the conversation escalates to an
intimate nature. Now, they are demanding
payment, or they will expose explicit photos,
videos, or even texts sent by you.
■ The Rise of Sugar Dating: Exploring Risks &
How to Protect Yourself
Sugar dating or sugaring is a rapidly growing
trend involving a dating practice that is
probably as old as human civilization. The
most common scenario of this practice is a
consensual adult relationship in which a
younger, attractive woman – the sugar baby –
provides companionship to an older, wealthier
man – the sugar daddy – in exchange for gifts
and financial support.
■ What to Do If a Disgruntled Former Employee
Is Leaving Bad Reviews
When a disgruntled former employee is
leaving bad reviews about you or your
business, it can pose a serious concern for
current and future customers and clients.
These negative comments, often born from
personal grievances or a misunderstanding,
can unfairly tarnish a company’s reputation.
■ How to Deal With Social Media Impersonation
Social media impersonation poses a growing
concern in an age where one’s online identity
and reputation often eclipses their real-life
identity in popularity. It represents a serious
threat to personal and professional
reputations, as imposters misuse your name
and likeness to deceive others. It also poses
tangible risks to your privacy and security.
■ What Is the Stored Communications Act
(SCA)?
The Fourth Amendment of the U.S.
Constitution protects citizens’ privacy against
unreasonable search and seizure. But in the
internet age, it can be difficult to apply the
same privacy protections to digital data—a
driving reason behind why the Stored
Communications Act was created.
■ The Key Red Flags of Sextortion Assistance
Services
Victims of online sextortion are often
overcome with a toxic mixture of strong
emotions – shame, fear, panic, confusion,
helplessness – which are weaponized by those
seeking to extract money payments.
Unfortunately, these bad actors are not limited
to the criminals directly extorting their victims.
They include some sextortion assistance
services who purposefully push on the victim’s
pain points to coerce agreement to service
contracts for excessive fees and other
unconscionable terms.
■ How to Strengthen Your Online Image with
Wikipedia Reputation Management
Wikipedia is one of the most visited websites
on the internet. While a Wikipedia page can
educate audiences and provide factual context
about you or your business, it also has the
potential to significantly impact and shape
your online and offline reputation. But not all
Wikipedia pages are created and updated in
good faith and sometimes factually inaccurate
information can make its way to the forefront
of your page.
■ Defamation, Libel and Slander Law Articles
Legal articles about Defamation, Libel and
Slander published by law firms to help you
understand your rights.

Need a Lawyer? Let Us Help You ►

About Us Contact Us Terms & Conditions

Privacy Policy Cookie Policy

©1995-2024 All Rights Reserved HG.org Leading

Lawyers - HGExperts.com