What is Defaming?

Every day you're exposed to tons of information about people---news, rumors, gossip and jokes. Yet, little you read or hear, no matter how outrageous it is, earn the label "defamation" and end up in court.

  1. Effects

    • Defaming is to make a false statement about a person to a third party that subjects the person to shame, ridicule, contempt or condemnation. It could also cause the person to lose employment, income or his good name and reputation.

    Types

    • "Libel" is defamation that's published (books, newspapers, magazines) or broadcast (radio, TV, the Internet). "Slander" is spoken defamation.

    Deceased Victims

    • You can't defame the dead because a man's reputation dies with him. The deceased person's family may suffer, but they have no recourse unless the defamatory statement directly implicates and damages them.

    Public Figures

    • Public figures such as celebrities and politicians must meet a higher standard and prove "actual malice" in defamatory statements because their lives are open to scrutiny and public debate. However, a "public figure" may be deemed anyone whose behavior has attracted general attention, even on a limited basis.

    Defense

    • Truth is an absolute defense against defamation charges because facts are not false statements. Proving that a possible defamatory statement is only your opinion may also beat a defamation charge in some jurisdictions.

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