43
votes
Accepted
I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site
Repeating a defamatory statement is itself defamatory
This is known as the repetition rule and is illustrated in Brown v Bower & Another [2017] EWHC 2637 (QB). In essence, the "local news ...
- 198k
39
votes
In fiction, is it legal to state a newspaper wrote an article when in fact it never did?
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 ...
- 113k
29
votes
Can you defame a profession?
united-states
https://www.dmlp.org/legal-guide/who-can-sue-defamation
One of the elements of defamation is that the statement must be "of and concerning" the plaintiff.
Accordingly, ...
- 29k
28
votes
What makes politicians "fair game"?
united-states
Reduced protection from defamatory statements for public officials and public figures is largely U.S. specific and is traceable to the strong protections afforded to the right to freedom ...
- 194k
25
votes
Someone has a video of me doing drugs. Is there legal protection against its release?
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 ...
- 194k
24
votes
What is the smallest audience for a communication that has been deemed capable of defamation?
canada
Damages for libel have been awarded based on publication to a single individual.
The elements of defamation are (Grant v. Torstar Corp., 2009 SCC 61, para. 28):
(1) that the impugned words ...
- 43.2k
22
votes
In a defamation case, can the defendant not prove statement to be true and still win the case?
There are a variety of reasons someone might not win a defamation case, some of which are defenses, and others of which are part of the basic prima facie case that every person pursing a claim must ...
- 194k
21
votes
What can I do about an ex-landlord “trash talking” me on Facebook?
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 ...
- 198k
21
votes
Is it legal to publish a cease and desist letter that I have received?
You have no statutory or contractual duty to restrict your responses to the attorney. The prospects that the letter contains material of sufficient originality that it is protected by copyright are ...
- 210k
20
votes
Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?
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 ...
- 3,216
20
votes
Defamation due to breach of confidentiality
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 ...
- 113k
19
votes
Accepted
Do Twitter disclaimers saying "opinions are my own" give any legal protection to the account owner?
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/...
- 18.8k
18
votes
What makes politicians "fair game"?
united-states
In the United States, public officials cannot recover damages in a defamation action unless the defendant made the statement with "actual malice"—"that is, with knowledge ...
- 43.2k
17
votes
Do changing social norms change the definition of "defamation?"
The definition of defamation, itself, doesn't change. What may change is whether certain kinds of false statements are "so bad" that it is not necessary to prove that the person was actually ...
- 210k
15
votes
Sue newspaper or the reporter for libel?
English Law answer:
Both the newspaper that published and the individual who wrote the defamatory statement may be sued for defamation. You may choose to sue one or sue both as co-defendants.
The ...
- 6,131
13
votes
Can anyone prevail against government law enforcement agencies for defamatory press releases?
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 ...
- 3,149
13
votes
Accepted
Can Chelsea Manning be sued in civil court by anyone named in the documents that were leaked?
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 ...
- 194k
13
votes
Accepted
Are slander and defamation the same thing?
Slander is one of two main categories of defamation, the other of which is libel. Historically, slander applied to oral statements, while libel applied to statements in writing. The modern trend is to ...
- 194k
12
votes
I am being threatened for defamation for sharing an article about an alleged scammer which was published in local news site
If the article on the "local news site" was false, or cannot be proved true and if it harmed, or was likely to harm, the reputation of the alleged scammer, it was probably defamatory. ...
- 113k
12
votes
Is publishing defamatory statements from an "anonymous source" protected?
canada
Reporting that is based on an anonymous or confidential source has no special protections. The statement may still be defamatory, and the publisher of the reporting would have the standard ...
- 43.2k
11
votes
Accepted
Can Social Media Reviews Be Considered Defamation?
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 ...
- 11.2k
11
votes
Accepted
Are there legal implications to lying about your sponsors?
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, ...
- 57.2k
11
votes
Can using a "simile" constitute defamation?
If a factual statement is implied, rather than explicit, it can still constitute defamation. "T looks like a thief" may be an expression of opinion ("I think that T might be a thief&...
- 113k
10
votes
What is the smallest audience for a communication that has been deemed capable of defamation?
1
australia
To be defamatory, the material has to be published (communicated by any means, including written, orally, pictorially) to at least one person other than the person making the claim.
Arts ...
- 198k
Only top scored, non community-wiki answers of a minimum length are eligible