California Libel Law Definition
California Civil Code Section 44 places the definition of libel with slander under the category of defamation. Defamation is defined as the "act of communication that causes someone to be shamed, ridiculed, held in contempt, lowered in the estimation of the community, or to lose employment status or earnings or otherwise suffer a damaged reputation."
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Definition
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Libel, as defined by California Code of Civil Procedure, Section 45, is a "false and unprivileged publication by writing, printing, picture, effigy, or other fixed representation to the eye, which exposes any person to hatred, contempt, ridicule, or obloquy, or which causes him to be shunned or avoided, or which has a tendency to injure him in his occupation." To claim you have been affected by the libelous actions of another, you must prove damages that have resulted from their actions.
Examples
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A libel statement can be one that is published and distributed to someone other than the person offended and must contain false information that may harm one's reputation. An example of a libelous statement would be claiming a political candidate who is against abortions previously had an abortion, when in fact she did not. Other types of libel can include writing a statement that a local restaurant is infested with rats or a local electronics store is selling stolen good, when in fact neither of the statements are true.
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Damages
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Just because someone prints a story about you, does not mean you have been a victim of a libelous action. You must be able to show proof of damages, such as loss of job, threats being made to you, physical damage to yourself, loved ones or personal property. Not only will you have to show proof of damages, but you must also show proof these damages were as a result of the defamation.
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References
Resources
- Photo Credit newspaper image by Christopher Hall from Fotolia.com