defamációs

Defamation is a false statement of fact that harms the reputation of another person or entity. It can take two primary forms: libel and slander. Libel is defamation in a written or otherwise permanent form, such as in a newspaper, magazine, book, website, or even a social media post. Slander is defamation in a spoken or transient form, such as in conversation or a public speech.

To prove defamation, generally four elements must be established. First, there must be a false statement of fact. Opinions are generally not considered defamatory, although statements that imply undisclosed defamatory facts can be. Second, the statement must be published or communicated to a third party. This means at least one other person besides the defamer and the defamed must have heard or seen the statement. Third, the statement must be about the plaintiff or be understood to refer to the plaintiff. Finally, the statement must cause damage to the plaintiff's reputation. In some cases, damages are presumed (defamation per se), such as accusations of criminal conduct, a loathsome disease, professional misconduct, or serious sexual misconduct.

Defenses to defamation claims can include truth, where the statement made was actually true, even if it harmed someone's reputation. Another defense is privilege, which can be absolute or qualified. Absolute privilege protects statements made in certain contexts, like legislative or judicial proceedings, regardless of falsity or malice. Qualified privilege protects statements made in good faith and without malice, often in situations where there is a legal or moral duty to speak, such as in employment references. Consent by the plaintiff to the publication of the statement is also a defense. The specific laws and requirements for defamation vary significantly by jurisdiction.