While litigation can be an effective way of obtaining relief, there are a number of factors to consider before filing a lawsuit – both legal and practical. Typically, a good place to start is determining whether the facts and circumstances at issue meet the general elements of a defamation claim. Below, Buckingham addresses the general elements common to defamation claims and some of the issues that frequently arise in terms of proving the same.
What Is Defamation?
Generally speaking, defamation is the act of communicating false and damaging statements about a person or organization to a third party. According to Cornell Law School, there are countless situations in which defamation can arise:
- Through the spoken word (slander)
- When published in a tangible form (libel)
Today, many defamation claims arise through publication of false statements on the internet (internet defamation or cyber-libel). This enhances the importance of having an online reputation management strategy. Needless to say, it’s easier than ever to disseminate false and harmful information to a large audience, and, as new forms of communication develop, so do the ways in which one can fall victim to defamation.
The impact of defamation can be devastating, regardless of whether you are a private individual, a small business owner, professional organization, celebrity, or multi-national corporation. A reputation that took years to build can be destroyed by a single bad actor spreading lies about you or...
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