Defamation of Character

Defamation is the issuance of a false statement about another person, which causes that person to suffer harm.

Slander involves the making of defamatory statements by a transitory (non-fixed) representation, usually an oral (spoken) representation.

Libel involves the making of defamatory statements in a fixed or medium, such as a magazine or newspaper.

The typical elements of a cause of action for defamation are:

1. A false and defamatory statement concerning another;
2. The unprivileged publication of the statement to a third party;
3. If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
4. Damage to the plaintiff.

Defamation, Libel and Slander

In law, issuance of false statements about a person that injure his reputation or that deter others from associating with him. Libel and slander are the legal subcategories of defamation. Libel is defamation in print, pictures, or any other visual symbols. A libel plaintiff must generally establish that the alleged libel refers to him or her specifically, that it was published to others (third parties), and that some injury occurred as a result. The U.S. Supreme Court has ruled that public persons (e.g., celebrities or politicians) alleging libel may recover damages only if they prove that the statement in question was made with “actual malice”—i.e., with knowledge that it was false or with reckless disregard for the truth (New York Times v. Sullivan, 1964). Slander is defamation by oral communication. An action for slander may be brought without alleging and proving special injury if the statement has a plainly harmful character, as by imputing to the plaintiff criminal guilt, serious sexual misconduct, or a characteristic negatively affecting his business or profession. The defense in defamation cases often takes the form of seeking to establish the truth of the statements in question.


Defamation of Character

Defamation of character is any type of false or damaging statements—made in print or other media, on the Internet, or orally to third parties—concerning another person. The statements must cause harm to the other person to be considered defamation. If you believe someone has damaged your reputation, you may be able to sue for defamation of character.


Suing for defamation of character

To decide if you should sue for defamation of character, consult an attorney to weigh your options. Before suing, if you believe someone is slandering or libeling you, you may choose to have an attorney send them a cease and desist letter. This letter will demand that the people defaming you stop their activities. It also informs them that they may face legal action if they do not stop.

If the defamation continues and you decide to proceed with a lawsuit, you will file a complaint in state civil court.

Defamation of character on the Internet can be extremely debilitating anguishing for its victims. The problem with Internet technologies is that it is much too easy to type a malicious and and active allegations about somebody and click submit without cognitively thinking through the consequences.

Be very very careful before posting factual allegations about somebody that are either false, or cast them in a false light. This is not protected speech and you are opening yourself up for a lawsuit. Furthermore, we should endeavor to mind our own business, unless posting something negative about somebody will benefit the community at large, it is generally best to hold your peace and get on with your life.

Regards, Michael Roberts. Defamation of character on the Internet victims advocate.

What steps can I take to sue someone who wrote stuff about me and my father and mentioned the name and surname? I know who it was but how do I prove it?