Can I Sue for Slander or Defamation of Character?
Defamation of character is any act of alleging false statements against an individual or entity with the intent of damaging its reputation. It comes in two varieties: libel and slander. Generally, libel is any written or published defamatory statements. Slander is spoken defamation. Courts will generally perceive libel as more permanent and therefore more damaging.
In the face of exponentially increased internet usage, the line blurs between the two types of defamation. The permanence of the statement is now the primary focus of defamation claims. If a statement has the potential to inflict prolonged damage, it will likely be considered much more serious than more transient methods of communication. For example, text-based communications may be considered oral statements due to their fleeting nature, and a spoken telecast may be deemed written since it’s more easily accessed and distributed.
To establish a defamation claim, certain criteria must be met. Statements can only be considered defamation of character if they are:
Published. The statements in question must be lodged at someone other than the party being defamed. For example, a direct complaint to a restaurant about the quality of food made directly to the proprietor wouldn’t constitute defamation. Alleging false claims against that restaurant to other patrons or in a printed publication would be defamation.
False. The statements must be demonstrably or objectively false in nature. No matter how mean-spirited or downright nasty a statement may be, if you can’t prove it’s false, it doesn’t qualify as defamatory. It isn’t against the law to say spiteful or mean-natured things if they’re entirely subjective or partially true.
Injurious. The statements must result in an injury to the defamed party. This may include negative attention or a loss of business revenue immediately following the defaming claims. If you were attacked or harassed as a result of defaming comments, the defending party may be held accountable for the injuries you received.
Unprivileged. The defamed party can’t be classified as “privileged.” Privilege in defamation cases extends to accusations of criminal activities in legal proceedings when those claims have sound, verifiable sources and are made in good faith. The concept of qualified privilege also extends to employment settings.
To prove you were injured by a defamatory statement, you must prove other people were also influenced by the statement. Libel is usually a more damaging form of defamation since it lasts longer and has the potential to reach and influence more people. To qualify as defamation, the statements must directly cause some sort of quantifiable damage, such as a loss of money or revenue or if the plaintiff received undue negative attention or harassment as a result of the defaming comments.
Defamation cases can be tricky to navigate, and no one should have to deal with the burden alone. The Liljegren Law Group has experience with every type of personal injury case, and we understand that defamation may leave you physically intact—but if it takes a toll on your emotional wellbeing, your sense of personal safety, or your business’ profitability, you should take legal action.
We believe in the robust defense of our clients’ rights, and we’ll explore every facet of your situation. If you or your business has been victimized by defamatory statements, contact our team as soon as possible for a comprehensive consultation. Our legal experts will evaluate every angle of your case to determine how much compensation is needed to repair the damage caused by another person or publication’s false statements. Visit our website for more information on libel, slander, and other personal injuries, or reach out to our team to discuss your situation.