When it comes to tortious interference, not all of them result in bodily harm. Some may even harm a person’s reputation. Defamation is a general tort that includes statements that can damage someone’s reputation.
There are different types of defamation that includes slander and libel. If the statements are written, it comes under libel and if they are spoken, it comes under slander. Basically, defamation of character is one of the serious offenses that allow a complainant to bring another party to the court.
However, the defamation removal law is a bit tricky since the constitution gives the people right to speak freely. However, the people must not ruin lives of others by dissemination of lies to compel breakdown of family or some business to forcefully shut down.
While the laws in terms of defamation may vary from one state to another, the four criteria should be met for libel or slander to ensure chances of success. In this case, the defamation, whether it is spoken or written should be:
- Unprivileged by law
- Objectively or demonstrably false
- Quantifiably injurious
- Heard or seen by third party
When attorney Aaron Minc interviewed Cleveland News 5, he gave a brief idea of all the conditions stated above. So, let us explore each of them in the following section!
Defamation must result into financial Injury
How can you determine damages done from a libel or slander suit? Well, there must be some quantifiable damages, isn’t it? Defamation of character can damage a company’s or person’s reputation. So, it should be proven well that the relevant damage correlated with loss of property, money, or relationships.
Defamation should be objectively false
Well, saying mean things about anybody if they are true or entirely subjective is not at all against the law. For example, if some movie critic says that the movie was worst that he/she had ever watched in a long time, it is not something unlawful. Moreover, environmental activists that make public aware about corporate practices harming the earth can also be not sued for defamation since they are reporting just facts and nothing else.
Defamation should be published
Court asks for proof always. So, if any injury needs to be proven, you will likely need to prove that some other people heard it, saw it, read it, or had their minds completely changed due to those libellous or slanderous statements. Generally, courts consider libel more serious or offensive than slender since it lasts longer.
Defamation should not be protected speech
The examples of speech that is either protected or privileged by the constitution from the defamation laws include the witness testimony in the lawmaker statements and court in the official materials or legislative chambers. However, as long as such defamatory statements are published, injurious, false, and unprivileged, then you can have a case to file defamation lawsuit.
To conclude, it is always advised to go for a professional and reliable lawyer before you take any further steps. They will advise you the best ways to ensure great chances of success.