Originally posted by RodBarker
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Originally posted by Motofan
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What Are Defamation, Libel and Slander?
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.
Typically, the elements of a cause of action for defamation include:
A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:
Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude;
Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.
Typically, the elements of a cause of action for defamation include:
A false and defamatory statement concerning another;
The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
Most jurisdictions also recognize "per se" defamation, where the allegations are presumed to cause damage to the plaintiff. Typically, the following may consititute defamation per se:
Attacks on a person's professional character or standing;
Allegations that an unmarried person is unchaste;
Allegations that a person is infected with a sexually transmitted disease;
Allegations that the person has committed a crime of moral turpitude;
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