In the digital age, it pays to know the legal limits of what you say. Businesses in Los Angeles need to be aware of common questions when it comes to the definition of defamation and local regulations. UpCounsel provides corporate attorneys who can support businesses as they navigate the law and protect their interests.

It’s important to understand the basics of what is considered defamation and when it is illegal, especially for businesses. Knowing the merits and limits of defamation law and the different types of defamation —libel and slander— and the distinction between public and private figures is essential. Companies must also consider how the law applies to them.

What is Defamation?

At a basic level, defamation is a false statement communicated to a third party that harms a person’s reputation, business, or property. Defamation can also be used to hurt a company’s reputation or customer relationships. Jane Doe, PLLC v. Doe Corp (2019) provides an example of a defamation suit between two business entities.

Defamation is a tort, which is an injury against a person or property. Torts are created through the legal system to provide remedy to people who have been wrongfully harmed. Regulatory bodies also enforce torts.

In Los Angeles, the tort of defamation is primarily regulated by California law and the Supreme Court decisions related to defamation law emanating from the state.

What Are the Different Types of Defamation?

The two main types of defamation are libel and slander defamatory speech.

- Libel is false representation that is communicated to a third party in writing, typically by print or in some other permanent form.

- Slander is defamatory speech, which is spoken through word of mouth, on internet websites, and in televised programs.

Generally, libel is more dangerous than slander as it is more permanent. In both cases, the miscommunication must be in some tangible form in order for it to be considered defamation. Merely verbal unpleasantness or jealousy is not a punishable offense.

What is the Difference Between Public and Private Figures?

The right of public figures to sue for defamation is much more limited than that of a private figure. This is because public figures, like well-known celebrities or politicians, are held to higher standards. It is acceptable for the public to discuss such a figure more freely and criticize or comment on their work without fear of legal punishment.

However, private individuals who are not well-known are entitled to greater protection under the law. These types of people are considered more vulnerable and do not willingly enter into the public spotlight. Private figures who have been wrongfully accused can bring a civil action for defamation.

What are the Requirements for a Valid Defamation Claim?

To successfully sue for defamation, the subject of the false statement must prove four elements:

1. The statement was published or addressed to a third party.

2. The statement is false or defamatory.

3. It caused harm to the plaintiff’s reputation.

4. The defendant was negligent or reckless in making the statement.

In many cases, defendants can avoid liability if they can prove that the statements were true.

Defamation cases in Los Angeles require the skills and knowledge of an experienced attorney to identify and prove the required elements. Businesses should seek counsel with an in-depth knowledge of California and federal defamation law, particularly suits against public figures. A corporate attorney can offer advice and legal representation to protect corporate interests.

UpCounsel has provided legal services in Los Angeles for over 10 years. Our network of experienced attorneys understands local laws and regulations. Whether you need a one-time consultation or an entire freelance legal department, UpCounsel’s network of experienced lawyers has you covered. From small businesses to the Fortune 1000, groundbreaking companies of all sizes trust UpCounsel and its lawyer community to provide high quality, cost-effective legal services.

Topics:

Defamation Definition,

Local Regulations,

Los Angeles Lawyers