37

Yes, as long as it is clear that this is fiction. It is utterly common for fiction set in the current world to mention real institutions and people, and have them do and say things that they never really did or said, to fit the plot or just to provide background. Busman's Honeymoon by Sayers included quotes from the (London) Times about Lord Peter Wimsey's ...


28

The tort for this kind of activity is called public disclosure of private facts, and almost every U.S. state recognizes that this tort is invalid under the First Amendment in the absence of a legal duty not to disclose of the type existing between an attorney and client, or a psychotherapist and a patient, or a contractual non-disclosure agreement, that does ...


20

Actually, he has been libelling you which is defamation in writing - slander is verbal defamation. Notwithstanding, if what he has done has or is likely to cause damage to your reputation and is a statement of fact that is not true then it is actionable. Neither name calling nor his opinion that you "are the worst person in the world" are statements of ...


19

Yes. Making statements in a legally protected confidential context is not publishing them, and in most jurisdictions, defamation must be published to create a cause of action. In such a case the patient might well have a cause of action against the therapist for violation of patient confidentially, and a complaint to the relevant authority could get the ...


16

The purpose of that disclaimer is not to prevent reprimands or legal action. It's really as simple as it appears -- it's to inform the readers that the tweets in fact contain the opinion of the person who wrote them and are not intended to be understood as the official position as that person's employer. This is especially important for people who ...


14

That's the danger of doing legal research on the internet. That Forbes article quotes several different attorneys, and they all make the point of saying that those disclaimers are meaningless copy/pasta that is all over the Internet, and they won't protect for a few different reasons. You can either take their advice, or the explanations here on Law SE; or, ...


12

Defamation is a false statement. If the police have arrested you or charged you with a crime, then a press release stating that you have been arrested or charged is a true statement, and not defamation. If the agency falsely stated that you were guilty of the crime then you'd have a case for defamation. If the police did not actually have probable cause for ...


12

Assuming that the documents were either true, or Manning reasonably believed that they were true, there would be no cause of action for defamation. Many of the documents disclosed would have been confidential in some sense, but usually a violation of a confidentiality statute has a criminal sanction associated with it, but does not carry with it a private ...


11

is it legal to state a newspaper wrote an article when in fact it never did? He looked at the newspaper on the table. The Chicago Tribune featured an article that read, "Hank Reed sentenced to 20 years in prison." That is not defamatory with respect to the newspaper, which is what I gather you are asking. A fictional title of that type does not ...


10

I know nothing about the law. What I have heard from others (that also know nothing) is that in some countries/states it might be illegal to record audio/video without the recording party being present. The exact location (public/private/bedroom/bathroom) of the recording might also make a difference. (for example) Illegal: Someone hides a running ...


10

False statements are generally protected by the First Amendment. If the video was an obvious gag or work of fiction, in which a reasonable person would understand that you were not truly endorsed, your false statement would almost certainly be protected by the First Amendment. But many false statements are not protected, typically because of their negative ...


9

While @jqning is absolutely correct in stating that truth is always an "absolute defense" to a claim of defamation, keep in mind that truth can be a subjective thing. What is one person's version of the truth, may not be another's, even with regard to the same exact experience. Also, while "statements of opinion are not defamation" is typically regarded as ...


8

Possibly Qualified privilege is a defense in defamation. The statement would have to have been made without malice, be made in an appropriate situations and for a reasonable cause. If making the mistaken accusation, under assumptions of confidentiality, is reasonably related to the therapeutic goals of your sessions with the psychologist, it could be. The ...


7

No, it doesn't protect the employee from reprimand or legal action, however, it does give the employer a stronger defence to legal action. The employee is stating that they are "on a frolic of their own" and a plaintiff could not rely, as they normally could, that the acts on an employee are the acts of the employer. Of course, this would only be one piece ...


7

Yes. This is legal. The only possible liability for a truthful and accurate disclosure of fact is a defamation action (in the absence of a privacy clause in the contract) and this is truthful so it would not violate anyone's legal rights. Credit reporting agencies routinely collect such information and court actions to collect unpaid debts are also a matter ...


6

A realistic (but false) image of a person can be defamatory. Suppose that you create (or hire someone to create) an image of President Simon Legree that purports to show him accepting a bribe, or having sex with an intern. And suppose it is so skillfully created that reasonable people believe that it is a real image proving that these nefarious acts ...


5

Yes Defamation is the communication of a false statement that harms the reputation of an individual person, business, product, group, government, religion, or nation. https://en.m.wikipedia.org/wiki/Defamation


5

Defamation of public figures is governed by the "actual malice" standard: the person making the statement must either have known that it was false at the time they said it, or must have been acting with reckless disregard for the truth (meaning they had serious doubts that the statement was true at the time they said it). The First Amendment bars a public ...


5

There are four criteria used today in the United States: The statement was false, but was claimed as true. The statement must have been made to a third, previously uninvolved party. The statement must have been made by the accused party. The statement caused harm. The first (and very important) criterion was discussed in New York Times v. Sullivan, where ...


5

Statutes of limitations (hereinafter "SOL") vary from jurisdiction-to-jurisdiction. If it is only one-year in New York (I've not confirmed this) that would not be surprising. SOLs exist for all civil matters and nearly all criminal matters. I'd just like to point out that your question is not really limited to defamation or to the time frame for which the ...


5

Defamation that is actionable in court in the United States consists of a false statement about a presently existing fact that damages your reputation and is not a matter of opinion. While not strictly required in a case involving private parties that is not a matter of public concern, most defamation cases require proof that the false statement was made ...


5

Note: this can vary by jurisdiction. Defamation in General Defamation can be libel, which is written, or slander, which is spoken. In order to prove you are the victim of defamation, you must show that the statement that allegedly defamed you was: published false injurious, and unprivileged Published means that some third party (other than you and the ...


5

Saying "they didn't have an affair", in isolation, would not be defamation. But we have to look at the context. Daniels had previously stated publicly that they did have an affair. So when Cohen said that it wasn't true, he was (claims Daniels) effectively calling her a liar. Calling someone a liar is potentially defamatory. You can read Daniels's ...


5

The title asks about double jeopardy, but the the body seems to be asking about statute of limitations, which is a separate issue. If an argument regarding timeliness is made by John, it likely will not be based on a statute of limitations. If Jane is asking for a restraining order, she will have to show a high likelihood of harm. If further actions have ...


4

Truth is an absolute defense to defamation. And statements of opinion are not defamation. Those are two pieces of black letter law that can guide you.


4

(Standard disclaimer: I am not your lawyer; I am not here to help you.) Under American common law, the distinction here would relate to the harm to B: either a damages issue or a "special harm" issue. The Restatement elements of defamation are falsity, publication, fault, and inherent actionability or special harm. See Rest. 2d Torts § 558. The last ...


4

Police may enjoy special immunity. In Liser v. Smith, 254 F. Supp. 2d 89, plaintiff was "exposed" by releasing an ATM photo of him in a murder case (but it turns out he was innocent). The court observes Under D.C. law, government officials have absolute immunity in actions for libel and slander - even if their statements are false and defamatory - ...


4

Specifically regarding an accusation of "unprofessionalism", an example is Tasso v. Platinum Guild Int'l, 1998 U.S. Dist. LEXIS 18908 where the court finds "As to the statements that plaintiff was 'unethical, untrustworthy and unprofessional' and 'incompetent,' I find them to be non-actionable statements of opinion based on disclosed facts". Likewise in Wait ...


4

Who is going to read this nonsense? That is the question. If your former landlord is just posting this nonsense on your personal timeline, it’s irritating but honestly not “slander.” But if—for example—you have a local community group/page on Facebook and the claims of you damaging things were posted there you might have a case; how much you want to pursue ...


Only top voted, non community-wiki answers of a minimum length are eligible