Defamation

If someone broadcasts, publishes or speaks words that are untrue about somebody, it may be defamation. Defamation is divided into two general categories. 1) Libel are defamatory comments that are put into writing and published such as in a newspaper. 2) Slander, are defamatory comments that are spoken to others.

As noted above, slander is spoken defamation. Without proof of economic loss, one can only sue for certain types of comments. These are categorized into comments that are called slander per se. In particular, comments that infringe on one's professional reputation, comments that suggest that one has a communicable disease, etc., are the sort that permit one to sue at law for damages.

As noted above, libel is published defamation. Libel is published in a newspaper, an acceptable apology and retraction can be printed within a certain time frame, which would prevent any further action being taken on the matter. On the other hand, if an appropriate apology or retraction is not forthcoming, then this can be seen as an aggravating circumstance and can in some cases entitle the victim of libel to a greater award.

Defences to Defamation

In life, people often have different views. Just because someone does not agree with an opinion because it casts someone in an unfavorable light, does not necessarily mean it is defamatory.

There are a number of defenses to allegations of defamation. The Truth! is always an absolute defence. Nevertheless, the truth is often intermixed with shades of gray. If something is not necessarily absolutely true but more opinion, it could be defensible as a "fair comment".

There are also certain circumstances whereby statements can be made that could not be defamatory by virtue of privilege. In particular, there are classes of circumstances that bring forth either qualified or absolute privilege. For example, comments made inside a courtroom while on the witness stand cannot be later used in a defamation action. In such circumstances there is an absolute privilege.

In other circumstances there may be a qualified privilege. This will permit someone to make statements that may otherwise be defamatory provided that such statements are made in a certain context or pursuant to a certain duty to report. For example, reports of a company to shareholders regarding an employee's business activities, etc. may be construed as a qualified privilege circumstance. In certain circumstances, if a statement is made that would otherwise be protected pursuant to qualified privilege, this privilege can be lost if it is proven that the statement is made maliciously.

Damages are of course what compensation one might get for a successful defamation lawsuit. These amounts vary widely. For one, there is the intangible that defamation matters are tried in front of a jury. A jury is deemed to be the best evaluator of how defamatory comments may or may not affect someone.

Factors such as whether or not there were any economic consequences to a defamatory comment, how wide spread the defamatory comment was published (ie. stated to a few people at a social gathering or published in a national newspaper), and the actual effect it had on the individual are all relevant to a determination of what the appropriate compensation might or might not be.

Defamation lawsuits are quite technical. Accordingly, as a reputation is difficult to earn but relatively easy to lose, if you believe you have been the victim of defamation or are accused of defaming someone, please feel free to call us for a consultation. Auld Allen has represented individuals both in pursuing claims of defamation as plaintiff as in defending defamation claims. We would be pleased to provide a complementary consultation.