You might very well want to claim defamation when you think that a publication or a person harmed your good name or reputation by circulating or making a false statement concerning you.
First, let us try to understand what does defamation of character mean. Defamation is a word generally used to described an intentional or an unlawful publication of a statement regarding a complainant that can result in harming the reputation of the complainant.
In order to claim a defamation case, the complainant must be able to present the three most important elements before the law namely:
- Wrongful/unlawful– The community must be able to see that the defamatory statement as unacceptable and a wrongful one. The court balances between the conflicting parties in deciding this element. They give the right to regain complainant’s reputation and also give the defamer his freedom of speech.
- Intentional– The complainant must be able to prove that the defamer intentionally states that the defamatory statement in order to injure the complainant.
- Publication– One of the most important facts to a violation of one’s reputation right is when a person spread a statement of defamation to another third person that is through publication.
Reasons for a defamatory lawsuit
You can sue for defamation if:
- The defamatory statement causes some damages to you
- You are falsely accused by the statements as if it were true.
In some cases, we do not need to prove the damages. Such cases may usually occur when the sued party publicized that the defamation victim had:
- A sexually transmitted disease
- Committed some crime
- Said that you are not fit to administer a business.
- Guilty of sexual misbehavior
What defenses do someone have in case defamation?
- One of the complete defenses in a defamation case is the truth. You cannot deny a defamation if the statement in hand is true.
- The issued statement was made honestly opinion on the interest of the public
- The defamer who makes the statement can also receive some sort of protection in most of the states.
- The limitation statute also bars the person filing the case in bringing a lawsuit when a specified time period passes.
To prove that defamation is done, you need to first prove that the stated statement that was publicized was false. And Secondly, you should be able to prove that you are harmed by the statement in some way or the other. You also need to ensure that the defamer was not very sure that the statement made was a true one.
You may require providing evidence that the statement was made out of actual hatred. On the other hand, it needs to prove that the defamatory statement that was made have his the intention of hurting you.
Suing for defamation is rather tough. And just suing is not quite enough, you also need strength and evidence to win. You should consult your lawyer so that you may be able to find assets that will help you settle your case in your favor.