Questions tagged [defamation]
Tortious damage to a reputation. When the defamation is specifically written use "libel"; use "slander" when it is specifically spoken.
212
questions
32
votes
2
answers
9k
views
Is it legal to publish a cease and desist letter that I have received?
I've received a cease and desist letter for defamation from a local businessperson that I believe to be without legal basis - the actionable statements listed are clearly statements of my opinion. ...
- 429
25
votes
4
answers
8k
views
I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site
There is an alleged scammer in my community. An article about him was published by our local news site.
As I have a lot of contacts, I shared the article to all my contacts and it became viral. He is ...
- 1,491
25
votes
2
answers
10k
views
In fiction, is it legal to state a newspaper wrote an article when in fact it never did?
I'm writing a novel. I have a line in my book that goes something like this:
He looked at the newspaper on the table. The Chicago Tribune featured an article that read, "Hank Reed sentenced to 20 ...
- 385
20
votes
2
answers
22k
views
Someone has a video of me doing drugs. Is there legal protection against its release?
It's a bit like slander, except there is no false information. I wanted to Google whatever this may be called to see what my options are if this video is ever released. I'm stumped as to what to ...
- 311
19
votes
5
answers
16k
views
Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?
A larger number of twitter accounts have a biography stating that tweets are their own opinion not that of their company. An example:
Opinions are my own and not the views of my employer
Does this ...
- 293
18
votes
3
answers
5k
views
What is the smallest audience for a communication that has been deemed capable of defamation?
Descriptions of the criteria for defamation seem widely to describe any statement that is communicated to a third party as being defamatory if they are (broadly speaking) false and harmful.
This seems ...
- 418
16
votes
5
answers
4k
views
Defamation due to breach of confidentiality
Hypothetical: I say negative stuff about John Doe to my psychologist, stuff which isn't defamation per se. My psychologist doesn't directly act on my statements, but does share my statements with ...
- 1,339
14
votes
3
answers
6k
views
Sue newspaper or the reporter for libel?
Are there any reasons to only sue a newspaper (the corporation) for libel and not the individual reporter who libeled you?
- 281
14
votes
2
answers
6k
views
Can you defame a profession?
Suppose someone publishes the statement "All lawyers are thieves." Obviously, this is not true; there most likely are some lawyers who are also thieves, but certainly not all. Would it be ...
- 13.9k
12
votes
5
answers
7k
views
What makes politicians "fair game"?
People say and write things about politicians they would never dream of saying about celebrities or corporate tycoons. They accuse them of lying, corruption, and racism and create political cartoons ...
- 345
11
votes
3
answers
3k
views
Do changing social norms change the definition of "defamation?"
One hundred years ago, if you said that "Miss X is not a virgin," when in fact she was, that would be grounds for a defamation suit. The reason is that because 80%+ of unmarried American ...
- 6,410
11
votes
3
answers
2k
views
Can hypothesis-publishing make one liable for defamation?
It is understandable that if Bob says "Rob murdered Alice", Bob will be liable for defamation unless he can prove that Rob indeed murdered Alice on the preponderance of evidence (this is ...
- 25.8k
10
votes
3
answers
2k
views
In a defamation case, can the defendant not prove statement to be true and still win the case?
A male celebrity has said to a tabloid newspaper he slept with a female celebrity when they worked in a production few years ago. The female celeb is now suing him for defamation as she says that this ...
- 109
10
votes
2
answers
2k
views
Can AI-generated text be considered defamation?
This question is inspired by recent news about some of the strange, out-of-control behavior from Microsoft's new Bing chat AI, but I am asking hypothetically here.
If an AI chatbot such as Bing Chat ...
- 203
9
votes
3
answers
2k
views
Is publishing defamatory statements from an "anonymous source" protected?
Say that Andy the Actor is minding his own business, when the Washington Post posts an article about him, claiming that, according to anonymous sources, Andy is a racist bigotted transphobe that has ...
- 3,555
9
votes
2
answers
2k
views
What is the recourse for defamation?
I came across this question today https://interpersonal.stackexchange.com/questions/23296/i-was-mistakenly-identified-as-a-criminal-and-this-has-caused-rumors-how-can-i and I think OP is taking the ...
- 1,094
8
votes
3
answers
938
views
Can Social Media Reviews Be Considered Defamation?
I live in an apartment building. I found an advertisement flyer on my car and I was annoyed. Inside the entrance of the building there is a "No Solicitation" sign. I'm not sure about the legality of ...
- 185
8
votes
3
answers
3k
views
Is it defamatory to tell someone that they have a lack of professionalism and integrity?
In the U.S. could I be found liable for defamation for telling persons A, B, and C that person A "lacks professionalism and integrity?"
- 181
7
votes
1
answer
1k
views
Are slander and defamation the same thing?
@Dave One of the elements of slander is publication of the falsehood. The fact that people believe the falsehood and take action based upon it is part of the damages element in a slander case. Forming ...
- 502
7
votes
2
answers
1k
views
Can defamation involve a non-believing third party?
A false statement communicated to a third party can be defamatory per se, not requiring proof of actual damage, if the statement falls into one of 4 categories: accusation of committing a crime, ...
- 210k
7
votes
1
answer
481
views
How is "defamation" defined?
I have a recollection that late in the 20th century in the United States, A called B a "bastard." B sued A for defamation.
The court ruled in favor of the defendant. Its first observation was that (...
- 6,410
7
votes
1
answer
392
views
Can fiction "fail" to be defamatory if it is "less bad" than the actual facts?
In the year 2000, Fox TV produced a rather embarrassing show called "Who Wants to Marry a Multimillionaire." Insiders know who did what within the show, but suppose someone produced a fictionalized ...
- 6,410
6
votes
3
answers
8k
views
What can I do about an ex-landlord “trash talking” me on Facebook?
I had lived in a shared rental house with 4 other tenants. Problems arose when the landlord wanted me to move out early despite what the lease said. He got the other tenants to bug me until I agreed, ...
- 115
6
votes
2
answers
1k
views
Can anyone prevail against government law enforcement agencies for defamatory press releases?
The following problem is becoming notorious (among first search results: "online guilty before proven innocent"):
Police arrest or charge citizen for a crime.
Police issue press release about the ...
- 21.7k
6
votes
1
answer
1k
views
Can Chelsea Manning be sued in civil court by anyone named in the documents that were leaked?
Since Chelsea Manning's name is in the news, the following question seems interesting:
Manning leaked a large set of documents
Some of them could have clearly had a negative effect on specific ...
- 1,621
6
votes
2
answers
516
views
Can an employer claim defamation against an ex-employee who has claimed unfair dismissal?
In UK law, in a case where an ex-employee claims unfair dismissal against their previous employer. However both claimant and employer settle before Tribunal Hearings through negotiation of a COT3 ...
- 163
6
votes
3
answers
526
views
What happens when evidence comes to light outside the Statute of Limitations period?
I suffered damage as a result of defamation, through a previous employer breaching laws against disclosure of information.
I spoke to a lawyer at that time and was told my chances of success were ...
- 61
5
votes
4
answers
592
views
Is it ever illegal to spread true facts with malicious intent?
Crimes such as defamation usually require that the statement being said is false - truth is an absolute defense.
Are there any situations or jurisdictions where truth is not a defense against ...
- 230
5
votes
2
answers
202
views
Is lying about a candidate protected speech in the United States?
Per Wikipedia:
False statements that are on matters of public concern and that defame
public figures are unprotected if either the speaker has knowledge
that his statements are false, there is ...
- 173
5
votes
1
answer
254
views
Online Defamation in Germany after the Künast court victory
M F Whitaker asked a question which has since been closed because it asked for legal advice in a specific case. I believe that there are two questions of general interest in the closed posting. The ...
- 14.5k
5
votes
2
answers
201
views
How can pro bono lawyers of a libel defendant become defendants themeselves?
According to this wikipedia article, Lord Aldington managed to join pro bono legal defenders for Nikolai Tolstoy as defendants in his libel lawsuit.
"In 1996 the Court of Appeal upheld an order ...
- 6,410
5
votes
3
answers
2k
views
Legal issues of a website such as [businessname]sucks.com
What kinds of legal issues do websites such as [businessname]sucks.com have in terms of copyright infringement, libel and defamation, and/or other issues?
Let's say there is a website called [...
- 18.8k
5
votes
2
answers
582
views
Is posting the wrong photo of a criminal suspect actionable defamation?
Sometimes police or others will post an incorrect photo (or name) of a person and mistakenly identify them as a criminal suspect. For example, ATM video cameras do not sync transactions with the video,...
- 6,848
4
votes
3
answers
321
views
How can Magnus Carlsen, a Norwegian, be sued for defamation by Hans Niemann in Missouri?
Hans Niemann is suing multiple people for defamation (full complaint):
Among the defendants, Norwegian Magnus Carlsen is listed. I don't get how this is possible: they're two separate countries with ...
4
votes
3
answers
6k
views
Are there legal implications to lying about your sponsors?
Let's say I release a video where I say "sponsored by Company C" even though they never sponsored me.
Are there legal implications to lying about that, or is this action protected by the First ...
- 313
4
votes
3
answers
3k
views
Does one have to name third parties in a lawsuit?
If someone is indirectly involved in a case but not a defendant, do they have to be specified by name in the complaint? For example, say person A asks their neighbor, person B, if they can borrow five ...
user31745
4
votes
1
answer
764
views
Has any acquitted defendant ever lost a defamation case, accused of committing the crime?
Trevor the truth teller witnesses Craig the criminal commit a crime.
The police speaks to Trevor and charges Craig.
At the trial, the jury for whatever reason does not find Trevor's testimony reliable ...
- 25.8k
4
votes
3
answers
493
views
Can true statements or statements of opnion be libel or defamation in any country?
This is inspired by this thread on Writing.SE.
Under US law, a true statement can never be defamatory, and neither can a statement of opinion, as opposed to a factual statement.
Are there any ...
- 113k
4
votes
3
answers
304
views
An erstwhile friend misled me to believe she had committed suicide. Can I take action?
A good friend of many years, but with whom I fell out two years ago, meticulously misled me via multiple emails purporting to come from a member of her family, that she had died. Not only died, but ...
- 139
4
votes
1
answer
404
views
Is a B2B blacklist legal
We have a business client who is a non-payer and we've had enough.
Is it legal to share details of this non-paying business to other businesses like mine?
It wasn't mentioned anywhere in the ...
4
votes
2
answers
2k
views
How does the statute of limitations on defamation work?
My understanding is that defamation has a very short window for a lawsuit, like one year.
So suppose a libelous statement was published in a widely circulated journal, call it the New York Times, and ...
- 6,410
4
votes
1
answer
611
views
Who is responsible for comments on YouTube?
Who is responsible for comments which are posted on YouTube? The channel, YouTube or the poster? I am refering to defamation and copyright suits in India. As both YouTube and the video uploader ...
4
votes
1
answer
499
views
Implied insults
What are the legal differences between an explicit insult, that qualifies as slander, and an implication of the same insult?
I am a German citizen, so I'd prefer answers applicable to Germany. But ...
- 143
4
votes
1
answer
137
views
If A makes a potentially "defamatory" statement to C about B, does it matter if C knows B well?
Suppose A tells C that "B is a total liar, nothing s/he says can be believed." And suppose C has known B since childhood.
Would the statement be less defamatory since C is in a good position to judge ...
- 6,410
4
votes
1
answer
134
views
Cheapest way to get a court order for Amazon
My company is being severely defamed by a post on a website hosted by Amazon's cloud hosting service (AWS). Amazon declines to remove the website/post without a court order. The site's owner (...
- 141
4
votes
1
answer
142
views
Is it defamation if the defamatory comments were unintentionally published?
A person writes down defamatory statements, and they accidentally are communicated to someone else. Is that considered defamation?
- 41
3
votes
1
answer
600
views
Can using a "simile" constitute defamation?
Suppose someone said, "X looks like someone with a venereal disease." That is known as a simile.
Now "X has a venereal disease" would constitute defamation (if untrue). But the ...
- 6,410
3
votes
2
answers
618
views
Is calumny against the law in Ohio and in British Columbia, Canada?
Calumny is technically the act of a person falsely accusing another person of a crime.
However, the common definition of calumny means the act of maliciously (i.e. with
the intent to do harm) ...
- 502
3
votes
1
answer
192
views
When can you file a lawsuit against a "parody" website?
Hypothetically speaking, if someone were to make a website about 4 different lawyers and 2 different firms and promote it as a parody website using elements of breaking bad, better call saul, etc.
...
- 439
3
votes
2
answers
183
views
Can I sue a publication for using my picture in an unflattering light?
I was walking down the street with my boyfriend a photographer asked if he could take a picture of us. We agreed and he snapped the photo and left. No consent forms were signed. Now the photo is being ...
