defamatsiooni

Defamation is a false statement of fact that harms the reputation of an individual or entity. It can take two primary forms: libel and slander. Libel refers to defamatory statements made in a permanent form, such as in writing, print, or broadcast. Slander, on the other hand, involves defamatory statements made orally or through transient gestures.

To constitute defamation, a statement must generally be: 1. False: The statement must be untrue. Truth is generally a complete defense to defamation. 2. A Statement of Fact: It must be presented as a fact, not an opinion. Opinions, however harsh, are typically protected speech. 3. Published or Communicated: The statement must be communicated to at least one third party. 4. Harmful: The statement must tend to harm the reputation of the subject, lowering them in the estimation of the community or deterring third persons from associating or dealing with them. 5. Identifiable: The statement must be about a specific individual or identifiable entity.

In many jurisdictions, public figures have a higher burden of proof in defamation cases. They must often demonstrate that the false statement was made with "actual malice," meaning the speaker knew it was false or acted with reckless disregard for the truth. Defamation laws aim to balance the protection of individual reputation with the fundamental right to freedom of speech and expression. Remedies for defamation can include monetary damages to compensate for reputational harm and, in some cases, injunctions to prevent further publication of the defamatory statements.