Defamation

What Counts as Defamation?

Defamation is defined as the act of damaging an individual’s reputation by slander or libel.

You may have been subject to defamation if your reputation has been damaged by someone who showed a reckless disregard for the truth (if they know their statements are false) and you have suffered loss of income, ostracizing by others, been ousted from an organization, been unable to maintain employment, or other damages as a result.

The two kinds of defamation include slander and libel. While these terms are often used interchangeably in everyday life, they are in fact two entirely separate forms of defamation.

Slander is defined as oral defamation. An example of slander would be one individual spreading a false and malicious rumor about another, resulting in that individual losing their job and being unable to find work.

Libel is defined as a defamatory statement published through any manner or media. False and malicious statements, published to bring hatred, contempt, or to ridicule an individual or entity, are often considered a civil breach of law.

An individual who files a Personal Injury suit for defamation, and who can prove that the slander or libel they were subjected to resulted in damage to their reputation and livelihood, may be able to recover damages to help mitigate the financial costs associated with being a victim of defamation.

Interested in Filing a Defamation Claim? Read This First.

Defamation claims seem simple on the surface; they involve someone’s reputation being damaged by the malicious and false statements, writings, or comments of another. However, defamation claims can be complex to try in a court of law.

There are many complexities surrounding the issue of defamation, with certain aspects changed in an individual is a member of the press, or if they believed their statement to be factual and were not malicious.

There are also limitations on defamation claims, to help safeguard the essential right to free speech. For instance, “public figures,” such as celebrities or politicians, must prove that the Defendant acted with “actual malice.”

A consultation with a legal representative, in which you lay out the circumstances of the defamation you have suffered and the proof that it was malicious and false in nature, can help you to decide whether or not your individual case is subject to these limitations.