What Is Defamation?
A close up of old books on a shelf with Latin titles in gold foil.Defamation is a term that is thrown around in the media a lot, but what does it really mean? Defamation is a public statement that damages another person's reputation. Sometimes called "defamation of character," when someone believes that a false statement has hurt their character or the public’s perception of them, that person can sue the person stating the falsehoods. While there is some confusion about how statements can impact one's First Amendment rights and how that impacts another person's reputation, the simplest way to think about it is this: while a person has the right to speak the truth, the keyword is "truth"; no person has the right to make false statements about another person. Further, First Amendment rights mean that a governmental body cannot prosecute you for what you say; it doesn't mean that someone else can't take actions regarding your statements. If you have questions regarding a potential defamation case, contact your attorney through our Legal Protection Subscription Plans for Families & Individuals and read on for a brief overview of defamation.
After you bring a defamation lawsuit, you will need to prove all of the following:
A person made a statement about you
The statement was disseminated and/or published in public
The statement damaged your reputation
The statement was false
The person who made the statement did not have the right to do so
The frequency of defamation cases has increased with the ready availability of publishing tools afforded by the Internet and social media sites. It is always important to remember that posting something on a social media site is like taking out a full page ad in the newspaper a couple of decades ago. Additionally, you are responsible for everything you say on these platforms; oversharing - and not paying attention to audience settings - can lead to legal issues. What you say online is treated the same way as traditional forms of publication and media.
Both slander and libel are forms of defamation. Defamatory comments that are only spoken (such as in a TV interview) is considered slander, while remarks that are published - including on social media - is libel.
The laws concerning defamation vary from state to state and can be complex, so it is always best to consult with an attorney if you are the victim of or have been accused of defamation, slander, or libel. You can get all your legal questions answered by our dedicated, experienced network of attorneys for one low, monthly fee when you sign up for our Legal Protection Subscription Plans for Individuals & Families. Sign up today!
