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How Defamation Affects Your Fame And Steps To Be Taken For Defamation Legally

Thu, May. 11, 2017 Posted: 12:13 AM


Everyone would have faced defamation about themselves in their life. Defamation occurs when a person makes a false statement of another person and harming the reputation of the person in public. The false statement could be spoken or slander, written or libel. “Defamation” term covers both the libel and slander. Defamation cases can be taken to court but, they are quite complicated for proving the torts such as assault. When the case it taken to the court then it is necessary to prove the following terms

  • Defendant made a statement - spoken or written
  • Statement was false
  • Defendant published as a statement to a third person
  • Publication of the false statement that harms the reputation or making plaintiff damaged.

“Defamation of Character” is the legal term for getting the reputation of a person dragged to the ground. The verbal defamation can also be also called as the Slander but when the defamation is in the form of written then it is called as Libel. What is Defamation is the biggest question that everyone has in their mind so when a statement is false about a person, then it can be called as defamation. Truth is the absolute defense against defamation so that the actual fact statement is protected by the law. When you could not find the employment or sell your product or service due to the Defamation of your Character by someone then you can take legal action against them.

Resemblance Based On Real Persons:
In the era of the Internet, with the advancement in technology, anyone can go online and make the harmful reputation about any person. Online defamation cases has increased a lot so when you are facing this issue then it is necessary to act accordingly to prove that it is a false statement. Defamatory statement should be clearly being identified as the target so that it would be easier to avoid the defamation that suits the credits. Defamatory statement that are “Published” besides your knowledge that is heard of seen by at least more than a single person is also comes under the defamation. When the statement has caused you the real harm based on the personal life or business then you can make the claim for the defamatory made by the real person that affected your reputation. Harm can be the biggest hurdle for the success of someone when the defamatory is proved then it could be handled legally. According to First Amendment, Congress would not make law, abridging the freedom of speech or press.

The Law:
According to the paper by Fordham Center on Law and Information Policy, when the police and criminal law are used for fighting the defamation is fraught with the problems. When the victim has contacted the local law enforcement to help with the procedure then it seems rarely taken into serious issue. Most of the law enforcement faces only the limited resource that lacks the technical expertise. When facing the issues with the State jurisdiction making the successful prosecution difficult when the victim often in different states or different countries then it is necessary to go for the state laws for defamation and harassment resulting in the successful prosecution.

Lynn Joesph