In simple words, defamation means a person’s false statement about another person or about any business firm, which is sure to hurt the person or the firm reputation. If such situation arises affecting the reliability state of the firm or the person’s stature in society, then a legal offence can be filed against the person, who has stated the defaming words.
Even if the words were spoken orally, the person can face legal consequences. Verbally stated words is known as slander and if it is written false statement, generally it termed as libel.
While claiming for the defamation the person and his/her appointed advocate need to prove in the court of law that the words uttered or written by the person against them is false.
Mentioning few considerations which need to be proven to file the lawsuit:
- The statement must not be true – If any evidence proves that the statement reflects only truth, then the person who has spoken will be protected from liability.
- The statement shouldn’t be privileged – If the statement is stated in any public documents, then the spoken person escapes from paying any charges.
- The spoken or written words can’t be an opinion – If no evidence is found to prove that the opinion is formed on the base of true happenings, then the person who has stated the opinion is subjected to pay the charged amount.
- Most often if the spoken words are exchanged between the two persons and not made public, then there is every chance that the person who was offended can’t file a case against the individual who has spoken or written the false words. In other words, publication of the statement is quite necessary for filling defamation case.
- The harmful consequences of the statement badly affecting the person’s reputation or the business venture losing its reliability status should be observed. If such damages don’t happen, then there is less chance of the person filing the complaint will get any claim amount.
However, some offensive statements won’t need any kind of proof to prove a non-defamation statement. As the statements prove to be quite damaging, they are included in ‘Defamation Per Se’ types.
Know more about defamation per se:
Normally, in any defamation case the plaintiff needs to prove the statements said or written by other person is false and has played a great role in affecting the reputation of the person. It usually involves statements indicating unlawful activity done by the person, the person suffered any disfavor communicable diseases, the person’s inability to work is affecting the productivity of the trading firm or the company and lastly stating any sexual infidelity done by the person.
The claim can be rewarded depending upon the nature of defamation as well as the severity of the damages. If the action of defendant proves to be gravely malicious, then surely the damage cost will increase.
To know more about defamation removal law, log on to informative websites or consult a reputed advocate in your locality.