Defamation Definition: Understanding the Basics of Libel and Slander
When someone engages in defamation, they can be held legally liable for their words and actions2 min read
When someone engages in defamation, they can be held legally liable for their words and actions. Defamation poses a concern to individuals and business owners alike. To understand why defamation is an issue or concern, let's define what it is exactly and how it works in a legal setting.
Defamation, also known as libel and slander, is the public communication of a false statement of fact that harms or lowers the reputation of a person, institution, or business entity. In a legal sense, libel and slander are the false communication of false, harmful facts. In other words, it is a form of communication that can tarnish a person or business brand.
Libel is the written form of defamation, and slander is the spoken form. Both of these forms are serious and may carry significant consequences if the person or business affected by the fraudulent communication suffers losses or damages as a result.
In New York, the standard for asserting a libel or slander claim is found in the New York Civil Rights Law. Under Article 7, section 8, "A person libeled shall be liable to the party injured in an action for damages, including presumed damages, or such other relief as may be proper."
In order to succeed in a defamation case, you must provide proof that the false statement of fact was disseminated publicly, and that as a result, it has caused the affected person or business significant losses or damages.
When attempting to grasp the complexities of a defamation case, understanding the possible defenses against defamation is essential. Defamation must be defamatory, meaning it must be false and not an opinion. If an opinion is not based on a verifiable fact, then it's not considered defamation. Additionally, truth is another defense against defamation. If the statement is true, then it's not considered defamatory.
Other defenses include absolute and qualified privilege; fair comment; innocent dissemination; and republication.
For business owners, libel and slander can be even more damaging than it would be for the average individual due to the potential for lost business associated with this type of destructive communication. It is beneficial for businesses to work with UpCounsel for help understanding and protecting your brand with legal counsel that understand local regulation.
It's also important to know what types of behavior are considered defamation in New York. Some of these include writing or repeating defamationment; defamatory words or statements on radio or television; and blogging or publishing false information.
Additionally, knowingly repeating another person's false statement constitutes defamation; filing a criminal complaint containing false statements to another person; and malicious publishing of conviction records also constitute damaging behaviors.
Although the law surrounding defamation is complex, it is important to understand the basics to protect yourself and your business.
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