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About Defamation of Character

Thursday, February 26, 2009

Related Tags: defamation | lawsuit | libel | slander | character

Instructions

Identification

Step 1:
Essentially, to legally defame someone's character requires the introduction of the defamation as fact, not opinion. In other words, if someone says that in her opinion another person is a cheater or liar and criminal, then regardless of how destructive and humiliating the castigation may be, defamation cannot be claimed. In order to even begin attempting to file a lawsuit, the defamed party would have to prove that the defamation was publicly divulged as fact and the fact is not true.

Necessary Elements

Step 1:
Aside from the defamation being presented as factual, the statement must be defined as authentically defamatory to one's reputation or livelihood. In addition, the defamatory statements must be about the injured party and directed toward others. That means that if the defamatory statements were made only to the defamed person, that person cannot file a lawsuit. Even if another person only accidentally overheard the defamatory statements, it would still not qualify for a lawsuit because the intention to defame a person is integral.

Exceptions

Step 1:
Each state has its own laws regarding defamation of character. While in most cases the defamed party would need to prove that the defamation has been in some way harmful, such as leading to the injured party being fired or denied a promotion or turned down for a loan, in some cases if the defamation is egregious enough and occurs either often enough or is spread in a big enough way, the defamed party may not even need to show harm in order to file and even win a lawsuit.

Slander, Libel and Defamation

Step 1:
When defamatory statements are published and remain in the public domain, defamation of character turns into libel. If the comments are spoken and heard, then it becomes slander. The difference between libel, slander and defamation can be quite important because damages from libel are usually greater than slander or simple defamation of character.

Damages

Step 1:
If someone loses a defamation of character lawsuit he will be required to pay the court costs of those whom they defamed. If the defamed person can prove that malice was involved, they will usually also receive punitive damages. In some cases, the defamer may even be forced to publicly apologize.

Public Figures

Step 1:
It is incredibly difficult for public figures to file a lawsuit for defamation of character. Public figures are expected to withstand more public criticism than private citizens, rightly or wrongly, and in order for a lawsuit even to be filed, there must be strong evidence forwarded that the intent of the defamation was malicious. If laws regarding public figures were not tough, then political candidates could easily sue one another for false and misleading statements during campaigns, and entertainers could sue reviewers and anyone who ever badmouthed them in an Internet chat room or forum.

About Defamation of Character Provided by eHow.com