Who knows about Defamation of Character???

[legz33]

I am looking for information about defamation of character. If anyone can explain to me how that works and what you can do if you think that you have been a victim of this, please let me know!!

 

[Duranie]

Defamation of character is essentially, slander, which is hard to prove. You must prove that what is being said is false, malicious in nature, and you must be able to prove a financial loss.

If you give is a little more info on why you think you are victim of this, perhaps we can give you more info.

 

[CA585]

Lets see...

Defamation is an intentional tort, and there are two forms:
1. Slander- An oral, untrue statement made about someone to a third party.
2. Libel- A written, untrue statement.

Publication- The statement must be communicated to persons other than the defamed party. EVERY time the statement is communicated to someone else constitutes a publication...even if someone happens to overhear what is being said, it's a publication.

Damages for slander- Must prove "special damages" to establish liability. Special damages constitute suffered economic or monetary losses. There are only four exceptions to this rule that do not need to prove special damages. These are:
1. A statement that an individual has a loathsome communicable disease.
2. A statement that another has committed improprieties while engaging in profession or trade.
3. A statement that another has committed a criminal act or been in prison for a serious crime.
4. A statement that an unmarried woman is unchaste.

Defenses for Defamation: (what can be used as a defense)
1. Truth- An absolute defense.....if the disputed statement is actually true.
2. Speech that is privilidged- 2 types: (1) Absolute- judicial or legislative proceedings are protected (2) Qualified- if the commercial statement are made in good faith and the publication is limited to those with legitimate interest...example: written employee evaluations.
3. Public Figures- False and defamatory statement if made without actual malice** about a public figure are privilidged. This is because it is assumed that public figures take on a public role and thus are held to a different standard.
**Actual malice- knowlege of falsity and a reckless disregard for the truth.

 

[seniorjudge]

I am looking for information about defamation of character. If anyone can explain to me how that works and what you can do if you think that you have been a victim of this, please let me know!!

Is this a homework assignment?