One major element in any type of defamation act is that the person published a statement about the plaintiff that resulted in damaging his image. The restatement states communication as derogatory, if it destroys the reputation of another person and lowers him in the community. If a statement is made to deter a 3rd person from associating then also it is considered to as defamation. There are several examples of such statements.
What type of communication is considered under defamation?
Defamation can be done in different ways and invokes different forms of negative feelings in the person. The following types of statements are regarded as defamatory statements.
- The communication that attributes a grave crime that involves moral turpitude of a person
- A communication that happens to invoke hatred emotions in a plaintiff
- A communication that impacts the character, integrity or morality of a plaintiff in a negative way
- A communication that damages the financial well-being of a plaintiff
- A communication that shows that the plaintiff has suffered from a mental or physical defect that causes others to stay away from getting associated with him
How does court deal with defamatory statements?
Certain statements that are viewed as defamatory by a particular set of individuals is not viewed as derogatory by others. Above are the types of statements that courts use to determine whether a statement impacts the person in a harmful way.
Generally, courts would need a plaintiff to give a valid proof that they have been defamed in the public or within a specified group in the community. If the statement conveys defamatory facts as the foundation of the opinion, then the court can initiate action against it.
In what ways does defamation occur in the society?
One of the common ways in which defamation occurs is on the Internet. This has increased due to the liberty of expressing views and opinions about anybody on a large scale easily. There are different ways by which one’s performance can easily be attacked.
This is due to a blog post, rating submission, Facebook update, or a website/forum comment. When a business’s online reputation gets negatively impacted, then it gets a lower ranking on the search results on the search engines.
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Elements of Defamation
There are three main elements of defamation. First one is to prove that a defamatory remark was made. The second element is to prove that that defamatory remark was published to a 3rd party. The third and the last element is to prove that the publisher knew beforehand that the statement made by them has the potential to harm the reputation.
In order to save yourself from defamation case or to file a defamation lawsuit against anyone, it is very important to obtain knowledge about defamation.