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The Pros And Cons Of Defamation

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Defamation is the general tort that encompasses statements that damages, hurts, or injures one's reputation. There are different forms of defamation, including libel and slander. The difference between libel and slander is simply whether the statements are written statements (libel) or spoken statements (slander). If a person suffers injury to his or her reputation as a result of another person's statements, he or she can sue under defamation law. It’s important to remember that the government cannot punish a person for defamation because it is not a criminal offense. However, defamation is an intentional tort and a person can sue someone if he or she suffers injury because of that person's defamatory statements. As a result, defamation is a civil wrong.
In order to win a defamation case the following elements must be present: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) the statement caused injury, damages, or some harm caused to the person or entity who is the subject of the statement; 4) the statement was false; 5) the statement did not fall into a privileged category.
In order to gain a better understanding of the elements involved in a defamation lawsuit, it’s important to take a closer look at the each of the elements (all listed above). In regards to the first element, a "statement" needs to be spoken, written, or otherwise expressed in some manner. Moreover, because the spoken word often fades
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