Defamation is false and unprivileged spoken words or written publication, which exposes any living person to hatred, contempt, ridicule, or which causes him/her to be shunned or avoided, or which has a tendency to injure him/her in his/her trade or occupation.
For example, if a person or the news media says or writes something about you that is understood to lower your reputation, or that keeps people from associating with you, defamation has occurred. However, if someone says something false about someone who has died, as reprehensible as that may be, in most states it is not considered defamatory. No legal action can be taken on behalf of a dead person. Only a living person can be defamed.
Other Defamation of Character FAQs
What are slander and libel?
Slander and libel are two forms of defamation. Slander is a spoken defamation and libel is the written form. However, radio and television broadcasts that are …
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I think I’ve been defamed, how can I prove it?
In order to prove defamation, you have to be able to prove that what was said or written about you was false. If the information is true, or if you consented to …
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What are the elements of a defamation claim?
The party making a defamation claim (plaintiff) must ordinarily prove four elements: 1. a publication to one other than the person defamed; 2. a false …
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What is libel per se?
When libel is clear on its face, without the need for any explanatory matter, it is called libel per se. The following are often found to be libelous per se: A …
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