Defamation law is a complex area of the law because it involves an argument that all speech should not be protected pursuant to the constitution. However, when a person defames another individual, he or she may be liable for damages that result from the tort of defamation. A defamation lawyer may be able to assist the victim of defamation and can consult with the victim to determine if he or she has a viable claim against someone who spoke negatively about him or her.
Elements of a Successful Defamation Case
Defamation may occur through a written medium (called libel) or through a spoken manner (called slander). In order to prevail with a successful defamation case, a person must prove the following elements:
- The statement is published – the publication need not be a written statement. It can be spoken and another person has heard it. It can be communicated to other people through TV, the Internet, gossip or social media.
- The statement is false – it is a defense in defamation law to show that the statement was honest. As the plaintiff, the victim has the burden to prove that the statement is objectively false.
- The statement causes damages – it must be proved that the statement caused damage to a person’s reputation. Although nobody wants bad things to be published about them, it may be difficult to prove that a person was harmed by the negative comments. Showing that a person lost a job, was shunned by the community or received negative publicity that damaged their good reputation may be able to prove this element.
- The statement is not privileged – In some cases, speech is protected, such as during a trial. Lawmakers may be able to freely speak when considering the passing of new laws, even if the content is false. Additionally, speaking negatively about public officials is often permitted so that the public can freely criticize them.
Due to the complexity of these situations, victims who have been slandered or otherwise defamed may seek the assistance of a defamation lawyer. This individual can explain the law to victims and whether the situation that the victim explains can meet all of these necessary elements. Because defamation law is within the scope of a tort, a defamation lawyer may take the case on a contingency basis in which he or she will not charge unless the victim receives a positive outcome regarding the case. Calling a defamation attorney can help you protect your reputation.
