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Simple English definitions for legal terms
libel per se
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A quick definition of libel per se:
Libel per se is when someone says something about another person that is so damaging that it can be considered defamation on its own. This means that the words themselves are harmful and do not need any additional proof to show that they are defamatory. Examples of libel per se include false claims that someone committed a serious crime or has a contagious disease. In a libel per se case, the person making the statement is presumed to have acted with malice, and the person who was harmed can recover damages without having to prove that they suffered any specific harm. However, if the statement is just a matter of personal opinion, it may not be considered libel per se.
A more thorough explanation:
Libel per se is a type of defamatory statement that is considered harmful on its own and can be legally pursued without the need to prove specific damages. In order to be considered libel per se, the statement must be damaging to the person it is directed towards. If the statement can be interpreted in a different way, it may not be considered libel per se.
Examples of libel per se include:
- False accusations of committing a crime of moral turpitude
- Claims that a person has a "loathsome disease"
In these examples, the statements themselves are damaging and can harm a person's reputation or livelihood. Malice is presumed in cases of libel per se, meaning that the person making the statement is assumed to have intended to cause harm. Damages can be recovered without the need to prove specific harm.
However, it is important to note that statements of personal opinion are not considered libel per se. For example, negative reviews of a product or service are generally considered personal opinion and are not actionable as libel per se.
In summary, libel per se is a type of defamatory statement that is considered harmful on its own and can be legally pursued without the need to prove specific damages. Examples include false accusations of committing a crime or claims of having a "loathsome disease." Statements of personal opinion are not considered libel per se.