Defamation

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Defamation

Generally speaking, defamation is the issuance of a false statement about another person, which causes that person to suffer harm. Slander involves the making of defamatory statements, usually an oral (spoken) representation. Libel involves the making of defamatory statements in a printed or fixed medium, such as a magazine or newspaper.

The elements for defamation include:

* A false and defamatory statement concerning another;

* The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);

* If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
Damage to the plaintiff.
In the context of defamation law, a statement is “published” when it is made to the third party. That term does not mean that the statement has to be in print.

*Damages are typically to the reputation of the plaintiff, but depending upon the laws of the jurisdiction it may be enough to establish mental anguish.
In some cases allegations are presumed to cause damage to the plaintiff.

*Attacks on a person’s professional character or standing;
Allegations that the person has committed a crime of moral turpitude;

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