Civil defamation is when someone claims their reputation has been damaged by false statements made by another person. Truth can be a defense in some regions, but not all. Libel and slander are both forms of defamation. Companies can also sue for defamation, and media personnel are often involved in cases.
Civil defamation is a type of crime in which the accuser claims that his image has been unjustly and intentionally damaged by the defendant’s words. Typically, though not always, a statement must be false to be eligible for defamation protection. For the case to be civil and not criminal, the crime must be harmful to the accuser rather than the state.
Human civilization has battled the arena of libel for nearly its entire existence; in ancient Rome, defendants convicted of libel were subject to civil penalties, such as damages. This often remains the case in modern law, although most regions have varying limits and forms of penalties. Generally, civil defamation suits aim for a monetary settlement and justice to be allowed in court rather than jail time or other penalties.
Truth is an interesting concept in civil defamation law. In many regions, if a defendant can prove that the statement in question is true, that is sufficient defense for acquittal. Some countries, however, make exceptions to truth as a defense. In the Republic of Korea, for example, a statement only needs to be proven to be malicious and harmful to be considered defamation, whether it is true or not. In the Philippines, intentions rather than truth are in question; if a person can prove that he or she made a true but defamatory statement in pursuit of a just or moral objective, the case can be acquitted. Some regions also prohibit defamation of the deceased, even if the claims are true, as the defamed person is unable to defend himself.
Two main terms frequently used when referring to civil libel are libel and slander. These are methods of making a defamatory statement, and both are usually subject to prosecution. Libel is the use of published or verbal material, such as newspapers, blogs or correspondence, to make a defamatory statement. Slander is the oral method of defamation; a statement only needs to be made to a third party to be considered defamatory under some laws.
Media personnel have to walk a fine line between defamation and speculation; many defamation cases involve members of the press. In some regions, a statement can only be considered civil libel if it was made under the guise of truth or fact; due to the alleged credibility of the news media, most statements made by members of the press such as journalists or reporters can be considered open to civil defamation suits if a complaint is filed.
In most regions, the defendant and the accuser need not be individual persons. Companies and corporations generally have the right to sue or be sued for civil defamation. Cases involving large businesses generally deal with high damages; if a defamatory statement can be shown to have significantly affected sales or the image of the product, the damages sought can run into enormous sums.
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