What is Character Defamation?

513073587.jpg
 
 

According to indiebrag.blog:

Defamation is when an individual’s character or reputation is tarnished as a result of a fake statement or action of another individual.

Defamation can be broken down into two types: spoken, which is called slander, and written, which is called libel.

To prove defamation, whether libel for written statements or slander for  spoken ones, a plaintiff (target) must prove all of the following:

False Statement of Fact.

•   If a statement is true, then it is not defamatory no matter how offensive or embarrassing. Opinions are also protected because they are not “facts.” Couching something as an opinion is not bullet-proof. Courts see no difference between “Joe is a thief” and “In my opinion, Joe is a thief.” The more specific a statement, the more likely it will be seen as a statement of fact. 

Of an Identifiable Person:

•   A defamatory statement must contain sufficient information to lead a reasonable person (other than the target) to identify the target. Typically, the target must be a living person, but companies and organizations have sued for defamation. Oprah Winfrey was sued by a group of Texas ranchers after saying she had sworn off hamburgers because of mad cow disease. (Oprah won the case.)

That is Published:

•   One person (other than the target) must read or hear the statement.