If one feels like someone has defamed him or her and it affected reputation, one can actually sue the defamer and claim damages. However, defamation cases are not as easy as just suing people because they hurled a few insults. There is actually a process of proving defamatory action in court before it can be considered an actual case.
Now, do note that there are two types of defamatory action being slander and libel. For slander, these are the cases wherein the defamatory action was spoken such as a lie that was spread in the office or through a public speech. The other type is known as libel and it involves writing a piece that is intended to destroy the reputation of a person.
While most people would think that they can easily sue a person for defamatory action, these cases are actually highly sensitive because of the presence of freedom of speech. The principle of freedom of speech makes it a little bit harder for people to simply just file a case. That said, there are certain criteria that need to be observed first before it is considered a case.
Now, before going to the malicious intent, there has to be a few things that must be proven at the onset. The first thing that has to be proven would be that the statement made by the defamer is false. The next thing that must be proven would be that the statement or the action resulted in some injurious results.
The next thing that has to be proven would be the fact that it was published. Now, published does not mean put in a newspaper or a social media account. Rather, it the lie or the false statement was seen or heard by a third party person, then it is already considered as a published content that may be grounds for a defamatory action case.
Of course, it must be a false claim and it must also be injurious to the reputation of a person and he or she will lose something. Once those things qualify, then the case will have more weight to it. As mentioned above, there will also be the need to prove that there was actual malice in spreading a false statement since there is the element of freedom of speech.
Now, intent of malice is pretty hard to prove but most laws would have a solid definition of how to determine the intent of malice. First of all, malice will be proven if ever the perpetrator did not bother to check the facts before blurting out the statement. So whether it was accidental or not, the intent of malice can be applied.
While this sort of civil crime is a little bit delicate to touch because of the presence of freedom of speech, there are many ways to know how to handle the defamatory cases. In general, the best ways to do that would be to prove the case with the criteria that was mentioned above. The next thing to do would be to check for malicious intention which can be determined through the definition that was mentioned above and applying it to the case.
Now, do note that there are two types of defamatory action being slander and libel. For slander, these are the cases wherein the defamatory action was spoken such as a lie that was spread in the office or through a public speech. The other type is known as libel and it involves writing a piece that is intended to destroy the reputation of a person.
While most people would think that they can easily sue a person for defamatory action, these cases are actually highly sensitive because of the presence of freedom of speech. The principle of freedom of speech makes it a little bit harder for people to simply just file a case. That said, there are certain criteria that need to be observed first before it is considered a case.
Now, before going to the malicious intent, there has to be a few things that must be proven at the onset. The first thing that has to be proven would be that the statement made by the defamer is false. The next thing that must be proven would be that the statement or the action resulted in some injurious results.
The next thing that has to be proven would be the fact that it was published. Now, published does not mean put in a newspaper or a social media account. Rather, it the lie or the false statement was seen or heard by a third party person, then it is already considered as a published content that may be grounds for a defamatory action case.
Of course, it must be a false claim and it must also be injurious to the reputation of a person and he or she will lose something. Once those things qualify, then the case will have more weight to it. As mentioned above, there will also be the need to prove that there was actual malice in spreading a false statement since there is the element of freedom of speech.
Now, intent of malice is pretty hard to prove but most laws would have a solid definition of how to determine the intent of malice. First of all, malice will be proven if ever the perpetrator did not bother to check the facts before blurting out the statement. So whether it was accidental or not, the intent of malice can be applied.
While this sort of civil crime is a little bit delicate to touch because of the presence of freedom of speech, there are many ways to know how to handle the defamatory cases. In general, the best ways to do that would be to prove the case with the criteria that was mentioned above. The next thing to do would be to check for malicious intention which can be determined through the definition that was mentioned above and applying it to the case.
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