Defamation

Defamation, sometimes called "defamation of character", is spoken or written words that falsely and negatively reflect on a living person's reputation.

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. Slander and libel are two forms of defamation.

Slander is a spoken defamation.

Libel is a written defamation. Generally, radio and television broadcasts that are defamatory are considered to be libel, rather than slander.

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 publication of the material, you will not have a case. However, you may bring a defamatory action if the comments are so reprehensible and false that they effect your reputation in the community or cast aspersions on you.

Public figures have more difficulty bringing a defamation suit than the average person since they must prove that the party defaming them knew the statements were false, made them with actual malice, or was negligent in saying or writing them.

Insults are generally not held to be defamatory. Opinions, clearly labeled as such, and not masquerading as fact, are not held to be defamatory.

Damages can be recovered if the newspaper's story had inaccuracies in the reporting of statements which hurt the reputation of a person or business. But a fair critique of a restaurant, movie, TV show, or theater play is not libelous, even though the comments or criticism are disparaging and may result in a loss of business or reputation.

Establishing the truth is the single most effective defense that can be offered for libel.