No one likes to be spoken negatively. If a person tells something negative about another person, the communication may be legally “slandering”, resulting in a legal recovery in favor of the person being communicated with. There is sex.
The two common types of defamation are defamation and slander. The difference between defamation and slander is that the slanderous remarks are written and the slanderous remarks are made verbally / verbally.
To recover from someone with defamation, there are five requirements that a suspected defamation person must prove.
First, the statement must be completely wrong. Opinions or rumors are generally not considered false, as long as the statement is clearly communicated as an opinion, or as long as the statement is made in the context of what is called an opinion or rumor. In other words, saying, “If the rumor is true, you’re a thief,” is probably not considered a mistake because the statement is technically not about the rumor itself, but about the topic of the rumor.
Second, the statement must relate to another person who is also the person claiming defamation. Therefore, if someone is alleged to have defamed my sister, only my sister (not me) can win the suspicion of defamation.
Third, we need to make a statement. If someone writes a false statement about another person in a diary accessible only to the author, there is no defamation because the statement was not communicated to anyone other than the author and the person who issued the statement.
Fourth, the alleged defamation person must be either negligent or negligent in making the statement.
If the person making the false statement is a “private” (private) person, the statement must be made negligently (sloppy, loose, or without respect or attention) because it is defamatory. there is.
Individuals are generally (a) civil servants (civil servants), (b) public figures (people who are in a convincing position to draw attention to and comment on almost / all social issues), and (c) limits. All people except those who have been killed. Public figure of interest (like a public figure, but only on certain controversies or public issues).
If the person making the false statement is someone other than a private person, the statement must be made with malicious intent (actual negative intention) in order to be defamation.
Fifth, defamatory remarks must either (a) cause traceable direct harm to the person to whom the remark is made, or (b) contain certain “almost always harmful” topics. not.
In most cases, harmful topics (called defamation itself) include statements on the following topics: Infectious diseases, people who commit criminal offenses, including fraud / immorality, and people are shunned. Behavior or trade-related behavior, and a person to public ridicule, contempt or hatred.
Defamation is difficult to prove because all five requirements need to be proved. As one court recently stated, the Internet makes it even more difficult to prove the five requirements, as the average Internet surfer naturally expects to see exaggerated statements on the Internet.
Lee R. Schroeder is an Ohio-licensed lawyer at the Schroeder Law LLC in Putnam County. He limits his work to business, real estate, real estate planning, and agricultural issues in northwestern Ohio.He can reach at Lee@LeeSchroeder.com or 419-659-2058.. This article is not intended for legal advice and you should seek specific advice from a qualified attorney of your choice based on the specific facts and circumstances you face.
Legal ease of use: the basics of defamation, defamation, and slander
Source link Legal ease of use: the basics of defamation, defamation, and slander