Define: Defames

Defamation refers to the act of making false statements about someone that harm their reputation. It can be in the form of spoken words (slander) or written statements (libel).

To prove defamation, the following elements must be established: a false statement, publication of the statement to a third party, harm to the person’s reputation, and negligence or intent on the part of the person making the statement.

Generally, opinions are protected under the First Amendment and are not considered defamatory. However, if an opinion is presented as a fact and causes harm to someone’s reputation, it may be considered defamatory.

Yes, sharing defamatory statements made by others can make you liable for defamation as well. Even if you did not create the statement, sharing it can be seen as endorsing or spreading false information.

Public figures have a higher burden of proof in defamation cases. They must prove that the false statement was made with actual malice, meaning the person making the statement knew it was false or acted with reckless disregard for the truth.

Truth is generally a complete defence to a defamation claim. If you can prove that the statement you made is true, it can serve as a strong defence against defamation allegations.

Defamation requires the publication of the false statement to a third party. If the statement was made privately and not shared with others, it may not meet the necessary elements for a defamation claim.

Statements made in court proceedings are generally protected by absolute privilege, meaning they cannot be the basis for a defamation claim. However, this privilege may not extend to statements made outside the courtroom about the same matter.

Even if a statement is made in a joking or sarcastic manner, it can still be considered defamatory if it harms someone’s reputation. The intent behind the statement and its impact on the person’s reputation will be considered in determining liability.

In some cases, emotional distress alone may be sufficient to seek damages for defamation. However, it is generally easier to prove damages if there is tangible evidence of financial harm resulting from the false statement.