A form of publication which tends to cause one to lose the esteem of the community is defamation. This is injury to reputation. A person can be held liable for the defamation of another. In order to prove defamation, the plaintiff must prove:
- that a statement was made about the plaintiff's reputation, honesty or integrity that is not true;
- publication to a third party (i.e., another person hears or reads the statement); and
- the plaintiff suffers damages as a result of the statement.
Slander is a form of defamation that consists of making false oral statements about a person which would damage that person's reputation. If one spreads a rumor that his neighbor has been in jail and this is not true, the person making such false statements could be held liable for slander.
Defamation which occurs by written statements is known as libel. Libel also may result from a picture or visual representation. Truth is an absolute defense to slander or libel.
Some statements, while libelous or slanderous, are absolutely privileged in the sense that the statements can be made without fear of a lawsuit for slander. The best example is statements made in a court of law. An untrue statement made about a person in court which damages that person's reputation will generally not cause liability to the speaker as far as slander is concerned. However, if the statement is untrue, the person making it may be liable for criminal perjury.
If a communication is made in good faith on a subject in which the party communicating it has a legitimate right or interest in communicating it, this communication may be exempt from slander liability due to a qualified privileged.
The following form letter demands that someone cease making libelous or slanderous statements, or appropriate legal action will be taken.
Defamation Legal Definition With Example In Washington
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Defamation is any false information that harms the reputation of a person, business, or organization. Defamation includes both libel and slander. Libel generally refers to defamatory statements that are published or broadcast (more permanent) while slander refers to verbal defamatory statements (more fleeting).
Defamation is a false statement which discredits a person's character or reputation.
These cases can be complex, encompassing both written (libel) and spoken (slander) forms of defamation. In Washington state, proving defamation requires demonstrating that the defendant made a false statement about the plaintiff, published it to a third party, and caused damage to the plaintiff's reputation.
To state a cause of action for defamation, a plaintiff must allege: (1) Falsity; (2) Unprivileged Communication – Liability requires that the defamation be communicated (“publication” of the defamation); (3) Fault; and (4) Damages.
Even if someone makes a statement that hurts your reputation, it is not defamatory if it is true. In other words, true statements cannot be defamations of character.
Statements incapable of being proven true or false, known as “pure opinion,” are not defamatory (e.g., “Jane is a terrible boss”). Rhetorical hyperbole, or statements that cannot reasonably be understood as stating an actual fact, also are not defamatory.
Defamation is publishing a false statement that causes harm to another person's or organization's reputation. A defamation lawsuit can be brought only if the statement is an assertion of fact, not an opinion.
Defining Defamation in Washington State Made a false and unprivileged statement of fact about the claimant; Caused harm to befall the plaintiff, through statements; and. Acted with “reckless disregard for the truth” by making the statements.
When someone says or publishes something false about you and the statement amounts to calculable damages to your reputation, you may have a case against them for defamation. Libel occurs when the untrue statement is made in writing, and slander occurs when the statement is made verbally.
Defining Defamation in Washington State To win a defamation lawsuit in Washington State, plaintiffs must prove (at the very least) that their respective defendants: Made a false and unprivileged statement of fact about the claimant; Caused harm to befall the plaintiff, through statements; and.
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Defamation is divided into the actions of libel and slander. The laws of defamation are divided into two distinct categories: libel and slander.Libel is defined as written defamation. Defamation is the general tort that encompasses statements that damage a person's reputation. Defamation is the communication of damaging, false information about a person or entity to one or more persons. Defamation is a false statement of fact that is made public and harms the subject's reputation. Defamation occurs when one person publishes a false statement that tends to harm the reputation of another person.
