Opinions are also protected statements that cannot be the basis of a defamation claim. Typically, if a person reasonably believed a statement to be true, that is also a defense to defamation. Since truth is an absolute defense, a statement can only be defamatory if it is false. The “publication” requirement means that the statement must be made to a third person who actually understands that the statement was about the person allegedly defamed. A case brought by Johnny Depp provides great guidance on what defamatory statements are “actionable” in Viginia.ĭefamation can be verbal (slander) or written (libel).

Some statements are so egregious that the law will assume they were made to harm the other person these types of statements are “defamation per se.” Statements amounting to defamation per se are those statements that (1) impute the commission of a criminal offense involving moral turpitude (2) indicate a person is infected with a contagious disease (3) impute unfitness to perform the duties of an office or employment or (4) hurts the person in his trade or profession. For a statement to be “actionable” to support a claim of defamation, the statement must harm the person’s reputation in the community or deter others from associating with the person. A great overview of defamation law was provided by Andy Baxter in this Video. attorneys have experience prosecuting and defending clients in defamation matters.ĭefamation is the publication of any false statement of fact with the knowledge that it is untrue and the intent to harm another person’s reputation. GCPC First Generation Law Student Scholarship.Arbitration, Mediation & Alternative Dispute Resolution Attorneys.Getting Government Contracts: Small Business Certification Services.Domestic Violence and Protective Orders.Alternative Dispute Resolution in Divorce Employer Considerations For Government Contractors.For Employers of Uniformed Services Members.Drug Testing Your Workforce – Best Practices.Guidelines for Hiring or Firing Employees.Succession Planning for Business Owners.Starting a Business, Licensing & Compliance.

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