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- Here's a short outline of libel/slander (i.e., defamation) law in
- the USA and (generally) in common-law countries. Some (e.g., UK)
- have moved to stricter requirements on speakers, and no doubt there are
- significant variations.
-
-
- A defamatory statement is one that injures the reputation of another
- party, either by lowering the standing of the injured party in the
- community or by tending to make others refrain from associating
- with him. However, it's not just any such statement.
-
- -- If the speaker can prove that the statement is true, it is not
- defamatory.
- -- For slander, it must _actually_ have had that effect on listeners,
- not just potentially. That is, if you orally claim that X is a
- child-molester and all other tests are met, it's not defamation
- unless people actually believed your claim. The assumption of
- actual damage is only assumed in certain specific cases of
- "slander per se" (as always, assuming the claim is untrue):
- -- charges that plaintiff committed a criminal offence
- -- charges that plaintiff has one of certain "loathsome"
- contagious diseases
- -- charges that impute unchastity or adultery to any woman
- -- charges disparaging plaintiff's conduct of office,
- trade, calling, or business being conducted at that time
- -- For libel, actual damages are presumed if the statement is one
- one of a small number of types considered to be "libel per se"
- (defamation that is apparent on the face of a communication):
- charges of criminal activity, adultery, "contagious distemper,"
- or dishonesty, as well as any charge which injures the plaintiff
- in his or her trade, business, or profession." Otherwise, actual
- damages must be shown by specific and unambiguous evidence of
- wrongful harm, which is called "libel per quod" (as opposed to
- "libel per se").
- -- "Publication": It must be made to a third party. X telling Y
- _alone_ that Y is a child-molester does not defame Y.
- -- Similarly, if X (above) tells only Y, and _Y_ then tells others,
- then X hasn't defamed Y -- because Y did the publishing.
- -- The statement's not defamation if it's in a situation subject
- to "absolute privilege". There is a list of such situations,
- including communications with one's spouse, and testimony in
- court or in legislative or executive governmental hearings.
- (It should be noted that you could evade slander, only to be
- charged with perjury.)
- -- The statement's not defamation if it's in one of a variety of
- situations subject to "qualified privilege". Most involve
- speaking on matters of public or community concern, and must
- be made without malice. This is related to the press's 1st
- Amendment protection against restrictive legislation (such as
- libel law: NY Times v. Sullivan, US Supreme Court, 1964.)
- -- The defamatory statement must be fairly understood by listeners
- to be a statement of fact, rather than opinion. Opinions need
- not be fair to be privileged: Unfair opinions are protected
- by law. This distinction between allegations of fact and of
- opinion is a grey area that would be decided by the Court. The
- key question would be whether the purported opinion implies some
- false factual claim, e.g. "I _think_ X is a murderer."
- -- In most states, it is not defamation unless the speaker was
- negligent in checking his facts. If he meets an implied standard
- of reasonable care and was mistaken, then he would be not liable.
- -- Republishing someone else's libel/slander can itself be defamatory,
- if the "publisher" had the knowledge and opportunity to not do so.
- E.g., if a caller defames someone on a KGO talk show, KGO is
- probably not liable, but would not be protected if it later replayed
- that segment from tape.
- -- The statement's not defamatory if the target's reputation is already
- so unsavoury that no damage was done.
-
-
-
- Excellent write-up: http://www.radford.edu/~wkovarik/class/law/1.5libel.html
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