Terms
Defamation
Defamation is speaking or writing false statements about another person that does injury to his/her reputation. There are two types of defamation: slander and libel. The former is defamation that is spoken or gestured, while the latter is defamation that is written or pictorial. Acts of defamation are not criminal per se, but do give cause for a civil case filed by the victim of defamation against the defaming party. The laws regarding defamation have changed considerably throughout history and can vary greatly by state even today.
Defamation can involve any false statement made about another party's character, morals, ability, business practices, financial status, or the like. These statements must be false in order to be considered defamation. In the United States, defamation laws are far less plaintiff friendly than the laws of other nations. This is due- in large part- to the protections offered by the first amendment of the US Constitution. This amendment guarantees all American citizens the right to free speech. This protection does not cover gross acts of defamation that do injury to another party.
A number of Supreme Court decisions have made a plaintiff's defamation case more difficult to win. A defamation case can be dismissed if the statements that were made were opinions rather than fact; were true, or are considered "fair comment and criticism." Defamation must also be believable in order to be considered damaging to a person's reputation. In many defamation cases the plaintiff must prove that the defendant deliberately made statement that s/he knew to be false and defamatory.
Defamation laws vary from state to state. Some jurisdictions have laws that lump libel and slander together, while others have specific defamation laws for each. Approximately three-quarters of all defamation cases are handled in state courts, while the remaining cases are handled in the federal system. The Associated Press estimates that ninety five percent of all defamation cases involve news stories that are local and "run of the mill" rather than more high profile cases.
Newspapers are twice as likely to be the defendant in a defamation case as television stations. Newspapers can purchase media liability insurance to protect themselves from defamation lawsuits. The plaintiff in a defamation case can be business professionals, entertainers, and other media and public figures. Business professionals account for seventy percent of all plaintiffs in defamation cases. If the person who has been defamed is deceased, most states will not allow a defamation lawsuit to be filed.
A person who has been injured by deliberately made false statements about their character, behavior, etc may have the legal right to seek compensation in a defamation lawsuit. Because the laws vary considerably by state, you may wish to contact a qualified and experienced legal professional in your area who can advise you about your legal rights and options. To learn more about defamation, please contact us to speak to an attorney who can determine how best to protect and maximize your legal interests in a defamation case.
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