Archive for February 11th, 2009

Defamation Law

Wednesday, February 11th, 2009

Defamation law is something that most children learn about in 8th grade civics classes across the country. Perhaps you will remember the terms slander and libel, better than the actual law. However, while you may have snickered at it in class, defamation law is quite serious in the adult world of legal news, and can affect anyone.

First let’s define the key terms involved in most defamation cases:

Slander: Slander is the act of saying a false accusation, often in a public place

Libel: Libel is a false accusation that is written, and therefore a little more permanent

These are the two ways that some one can “defame” someone else. Usually these accusations are about someone’s character, and whether false or true, must cause several things before being admitted into court.

Firstly, it must be proven undeniably false. There is absolutely no case if the accusations are true. Secondly, the statement must be given or told to someone else who is not the “defamed” person. Thirdly, the accusation must apply to the public in someway. For example, if the accusation is made against a public politician, saying that he or she raised taxes and profited from the net gain, this would be an issue that affects the public. And lastly, there must be proof that the accusation actually caused some kind of damaged to the defamed.

One important aspect of the defense is that the accusation must not only be proved to be false, and damaging, but also that it was not issued just as an opinion, and not as a fact. Also, before one files a case, they must be sure that they want the lime light. Bring the case to court will only give the libel or slander more publicity.

Defamation cases need a skilled and intelligent lawyer to try the case, cases that all revolved around the details. Unfortunately, many cases go unanswered, but those that do can either get the justice they deserve, or have their freedom of speech rights upheld. It may also lead to important knowledge that the country needs to know.