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Legal Definitions - defamatory

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Definition of defamatory

A statement or communication is defamatory if it has the potential to harm someone's reputation. This harm typically occurs by exposing the person to public scorn, disgrace, or ridicule, or by negatively impacting their professional standing or business. Essentially, a defamatory statement causes others to think less of the person, or discourages them from interacting or doing business with that person.

  • Example 1 (Professional Reputation): A disgruntled former employee of a successful local bakery posts online, falsely claiming that the bakery uses unsanitary practices and substitutes cheap, artificial ingredients for its advertised organic ones. This post goes viral, causing a significant drop in customer traffic and sales.

    This statement is defamatory because, if untrue, it directly harms the bakery's business reputation for cleanliness and quality, subjecting it to public disgrace and deterring customers from purchasing its products. It lowers the bakery's standing in the community and among potential patrons.

  • Example 2 (Personal Reputation): During a heated town hall meeting, a resident falsely accuses the mayor of having secretly diverted public funds for personal use, without any evidence. The accusation is widely reported by local media, leading to public outrage and calls for the mayor's resignation.

    This accusation is defamatory because, if false, it severely damages the mayor's personal and professional reputation by subjecting them to public contempt and disgrace. It causes members of the community to lose trust and esteem for the mayor, potentially affecting their ability to govern effectively.

  • Example 3 (Professional Competence): A rival real estate agent spreads a false rumor among potential clients that a prominent architect consistently designs buildings that fail to meet safety codes and has had multiple projects condemned. In reality, the architect has a flawless safety record and numerous award-winning designs.

    This rumor is defamatory because, if untrue, it directly attacks the architect's professional competence and integrity. It aims to lower the architect's standing among potential clients and industry peers, deterring others from hiring them and adversely affecting their business prospects.

Simple Definition

A statement is defamatory if it tends to harm a person's reputation. This typically means it lowers their standing in the community, exposes them to public contempt or ridicule, or negatively affects their business.

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