Internet Slander
Defamation is often referred to as “defamation of character”, is spoken or written words that fallaciously and harmfully reflect on a living individual’s reputation. Slander and libel are 2 examples of defamation. Slander is a spoken defamation, while libel is a written defamation.
Can a law suite be filed against someone who defames me?
In order to prove defamation, you have to be able to prove that what was said or written about you was fake. If the information is true, or if you gave permission to the publication of the material, there is no case. However, you may bring a defamatory action if the comments are so horrible and false that they effect your reputation.
What about insults, do they fall under the terms of being defamatory?
Usually, in litigation, they are seen as a sudden occurrence of passion, with no real essence.
Okay, so do I have a right to convey my opinion as well?
As long as your statement of opinion is just an opinion, and does not contain unambiguous facts that can be proven as fallacious, then yes.
What are the cases for defense to defamation?
Ascertaining the truth is the single most effective defense that can be offered. If the statement is truthful there is little you can do. Unfortunately, unless the remark is false, you have no recourse.
What are the defenses to a libel claim?
There are three core defenses to a libel claim.
The first is claiming, and proving, that the statement was privileged (not public). Only certain professions (doctors, attorney, psychologists), or individuals (predominantly your spouse) can preserve that concession; and if any non-privileged third party was part of the communication, the privilege no longer exists.
The second defense is proving that the statement is true.
The third defense is proving that the statement was an opinion, not a declaration of fact. Since this last defense is only as good as the weakest or worst, but still reasonable, misinterpretation, it’s not one you really want to rely on. There’s a world of difference between saying “I think she’s a scam,” and “she’s a scam”.
What damages can I receive for slander or libel?
If you have been defamed you may seek both actual damages, to recuperate the harm that you have suffered, and punitive damages to penalize the person who made the remark.
If the defamation improperly accused you of a crime or reflected on your profession, the Court or jury can assess the damages. For other types of defamation you must prove some actual damage to be able to recover.
