Defamation is one of the most serious legal offenses that are commonly seen online. It can be done by any person such as disgruntled customer, dissatisfied employee or any third party to harm the reputation of the business. Before planning for a lawsuit against anyone, you need to understand the different types of it and how the court handles it.
Types of Defamation
Defamation is generally classified into two main categories Libel and Slander. There are a few differences between these types of defamation. The difference in between them lies in the way the defamatory content is communicated. This is the primary criteria that are used between a printed or written word. This concludes spoken and libel words as slander.
Defamation is normally visible to the eye. It can be seen in the form of writing, pictures, email, statutes and effigies. Broadcasting of words via radio communication is treated as communication in its permanent form. If the defamatory matter is in image form, then it will be held as libel.
In Libel, the plaintiff won’t have to prove any calculable damage as a specific sum of money. The lawsuit filed under this type of defamation presumes that some sort of damage occurs, when the reputation of the person is assailed. There are plenty of examples that would clear you the picture of defamation. One of the examples is https://www.defamationremovallaw.com/attorney-aaron-minc-interviewed-cleveland-news-5/
A slander is a form of defamation that is in transient or temporary form. Publication is either made via gestures or spoken words. As per the defamation removal law, this kind of defamation is unactionable per se. The plaintiff has to prove special or actual damage to succeed in his efforts. A court can take action on this ground on the evidence of actual damage.
Some of the cases that are considered under slander defamation are as follows:
- The accusation of a criminal offence: In this category, the offence is entitled to punishment with imprisonment. Here a specific offence is not needed to be mentioned.
- The imputation of a disease: In this case, if the claimant is presently suffering from an infectious or contagious disease then he can be alleged under this category.
- The charge of unchastity / adultery to a female person. All the words that have been spoken and published that imputed adultery to a woman would come under slander category.
- The accusation of unfitness. This type of exception is in relation to the allegation based on unfitness, incompetence, dishonesty, trade, or business held on by the claimant.
What are the areas where you find defamatory statements?
Defamation is normally seen in below mentioned areas such as:
- letters to the newspaper editor
- public comments on newspaper/magazine
- blog postings and comment on it
- chatting on list servers or chat rooms
Both the different types of defamation are handled by the law differently. Hiring a professional defamation attorney would help you in expert dealing with the case.