- Defamation is a false statement that harms public image. Individuals, groups, businesses, products, services and countries can all be the victim of defamation. Defamation is generally split into two categories: slander, which are claims made in a non-fixed form, most commonly speech; and libel, which are claims made in a fixed form, such as printed words or pictures. Defamation can be penalized under the law in the United States. However, when applied to public figures, defamation is usually punishable only if it is made with hateful intent.
- In the U.S., defamation is a civil wrong or tort rather than a criminal wrong. This means someone who defames another cannot go to jail for his comments, but he can be sued by the injured party. A successful defamation suit can result in large monetary compensation, but even if someone has been injured by defamation it is often easier to ignore it rather than sue. Bringing up a defamation lawsuit brings attention to the defamed party and what the nature of the defamation was. So by attempting to seek recompense, the defamed can further spread the injurious comments.
- Due to the extreme importance placed on First Amendment rights in the U.S., proving defamation in court is very difficult. Lawsuits usually favor the defendant. In order to prove defamation has taken place, one must prove that he has been injured by comments made, that the comments are false, that the claims were made publicly known, and that it is of public concern. There are many defenses a defendant can use to argue against wrongdoing. If the statement made is true in any way, it automatically is not defamation. If the statement is opinionated, it is sometimes dismissed in court as well. The defendant can also argue that the plaintiff already had a bad reputation and that any further defamation could not injure him. Still, certain statements are considered so inflammatory and uncalled for that they are almost always considered defamation. These include: allegations of martial impropriety, infection from a disease, moral crimes, and attacks upon a person's livelihood or profession.
