Defamation occurs when someone makes a false and inferior statement about someone else to a third party. The statement might attack the person’s professional character or standing or it may be a more personal attack on their private life. To constitute defamation, the statement must falsely accuse the plaintiff of immoral, illegal or unethical conduct. Defamation is the general term for the action and it includes both slander and libel. Libel and slander are both defamation, but libel is printed and slander is spoken. Generally, the written or spoken statement must harm the reputation of the person, but in the case of per se defamation, damages will be presumed. What is per se Defamation? Per Se Defamation means there is a Presumption of Harm. Statements that are so naturally and obviously harmful, are considered per se defamatory. In defamation per se claims the plaintiff does not have to prove actual injury to reputation because the harm to the plaintiff is presumed. A defamation case is not the same as a personal injury case. The proof necessary for a defamation action is very different. The elements of a cause of action for defamation generally must include: 1.A false and defamatory statement concerning another; 2.The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement); 3.If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and 4.Damage to the plaintiff.
Posted on: Mon, 30 Sep 2013 23:45:19 +0000
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