Legal Definitions - defamation

Defamation is a legal term for making a false statement about someone else that harms their reputation. It involves communicating untrue information to a third party that causes damage to the subject's standing in the community, their professional life, or their personal relationships.

There are two main types of defamation:

• Libel: Defamation in a written or otherwise permanent form, such as in newspapers, magazines, books, emails, social media posts, or broadcasts.
• Slander: Defamation in a spoken or transient form, such as a verbal accusation or a comment made during a live conversation.

To prove defamation, generally, four key elements must be present:

• A statement was made that was false and presented as a fact.
• This false statement was communicated to at least one other person (not just the person it's about).
• The person making the statement acted with some level of fault (e.g., negligence, or in some cases, a deliberate disregard for the truth).
• The statement actually harmed the reputation of the person it was about, leading to damages like financial loss or public embarrassment.

It's important to note that defamation law balances the protection of individual reputations with the fundamental right to freedom of speech. Therefore, simply stating an opinion, even a negative one, is generally not defamation. Also, if a statement is true, it cannot be defamatory, regardless of how damaging it might be to someone's reputation.

Examples of Defamation:

• Professional Reputation (Libel): A disgruntled former employee posts on a popular industry forum, falsely claiming that their previous company's CEO embezzled funds from the company's charity initiative. This post is seen by current and potential investors, leading to a significant drop in the company's stock value and the CEO's professional standing.

  Explanation: This is libel because it's a written, false statement communicated to a third party (the forum readers) that directly harms the CEO's professional reputation and causes financial damage to the company.

• Personal Reputation (Slander): During a neighborhood barbecue, one neighbor loudly tells a group of others that another neighbor, a local high school teacher, was recently arrested for shoplifting, when in fact, the teacher was never arrested for any crime. As a result, the teacher faces social ostracism and receives angry emails from parents.

  Explanation: This is slander because it's a spoken, false statement communicated to third parties (the other neighbors) that damages the teacher's personal and professional reputation within the community, causing social harm.

• Business Reputation (Libel/Online): A competitor creates a fake social media account and publishes a series of posts alleging that a local bakery uses expired ingredients and unsanitary practices, despite the bakery having excellent health inspection reports. These posts go viral, causing a drastic decline in the bakery's customer base and revenue.

  Explanation: This is libel (online) because it involves false, written statements disseminated to a wide audience (social media users) that directly harms the bakery's business reputation and causes financial losses.