Defamation of character involves making a false statement that harms someone. To prove a claim, it must be shown that a false statement was made, shared with a third party, and caused harm. Defenses include truth and opinions.
In law, defamation of character refers to making a false statement, written or spoken, against someone who harms them in some way. A libel claim is considered extremely difficult to prove in court. Many attorneys agree, however, that if you have the truth on your side, it is possible. To prove such a claim, you must be able to prove that a claim was made and was false. You then need to prove that this claim was shared with a third party and caused you some sort of harm.
Proving that a statement has been made against you is the first step in proving a defamation of character claim. This statement could have been spoken or written. If the malicious statement was made, then this is known as slander. If it has been written or published, however, it is known as libel.
After proving that a statement has been made against you, the next step is to prove that this statement is in fact false or non-inside information. Inside information is often associated with statements made during a legal proceeding. If the claim turns out to be true, or even partially true, it can hurt your chances of winning a defamation lawsuit. For example, if someone informs a third party that you are a drug addict, you must be able to prove beyond a reasonable doubt that this is not true.
The next step in proving a defamation of character claim is to prove that it has been shared or published. It may have been said to one person or a group of people, or it may have been written or posted to be read. The statement made must also refer specifically to you.
The last and perhaps most difficult step in proving defamation is to prove that the defendant’s misrepresentation caused you some kind of harm. Actually causing harm and having the potential to cause harm, however, are two different things. You must be able to prove that your reputation has already been tarnished. Generally the easiest types of damages to prove are problems with your employment and business losses.
There are a number of defenses in a defamation case, with the truth being the best. If you find out that you are the defendant in a defamation case, your best defense would be to prove that the statement you made is true. Another defense is inside information. No matter how false or libelous, statements that have been made during a legal proceeding are usually protected from character defamation.
Opinions are also usually protected. For example, if you’ve told a colleague, “I think Bob Jones is a drug addict,” that’s more likely to be interpreted as an opinion. On the other hand, if you said “Bob Jones is a drug addict,” there’s a better chance you’ll be found on the wrong side.
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