Here
in the United States, it can be difficult to know when you have a case for
defamation. To protect our freedom of speech, the laws surrounding slander are
quite tight. There are some very specific qualifications for cases of
defamation. Before you talk to a lawyer, it may be helpful to review these
qualifications and ensure your case fits the charge. Here are some factors to
consider in your defamation case.
Falsehood
In order to make a case for
slander, the defendant’s statements must be proven to be untrue. This means
that opinions do not qualify as defamation. If a person is saying that they
don’t like you, that is not slander, but if they’re saying you’ve done
something you haven’t, you may have a case. In Florida, the plaintiff can argue
that the implications of a true statement were false as well in cases where
facts are twisted to create a false idea of a person’s behaviour.
Material Harm
You must be able to prove in a
court of law that you suffered some material loss due to what the defendant said
about you. This is most often a loss in wages, but loss of property or even
affects on personal relationships have been cited in defamation cases.
Negligence or Actual Malice
In general cases, it must be
proven that the defendant was negligent, but if you’re a public figure, you
must also prove they acted with malice. Malice can be difficult to distinguish,
but if the defendant knew their statements were false, then rest assured, they
likely acted with actual malice.
Defamation Per Se
In some states, Florida
included, the law states that certain cases specifically are defamation. In
Florida, these cases are ones in which it is insinuated that you are afflicted
with a terminal illness, engaged in criminal activity, or has acted in a way
unbecoming to their profession.
Internet Defamation
In the United States, there is
law specific to defamation that occurs online. You cannot charge a hosting site
for an act of slander, only the person who posted the falsehood can be charged.
Statute of Limitations
You must bring the issue to the
courts within two years of its occurrence for the case to be considered. In
cases of internet defamation, this statute applies to the date the post was
made, not when it was most recently accessed.
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