Defamation of Character
Defamation of Character
Defamation, which consists of both libel and slander, is defined by case law and statute in California. See Cal. Civ. Code §§ 44, 45a, and 46.
The elements of a defamation claim are:
Defamation Per Se
The injured party does not need to prove special damages if the statement is defamation per se. A statement is defamation per se if it defames the plaintiff on its face, that is, without the need for extrinsic evidence to explain the statement's defamatory nature.
Some statements of fact are so egregious that they will always be considered defamatory. Such statements are typically referred to as defamation "per se." These types of statements are assumed to harm the plaintiff's reputation, without further need to prove that harm. Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things:
Actual Malice and Negligence
In California, a private figure plaintiff bringing a defamation lawsuit must prove that the defendant was at least negligent with respect to the truth or falsity of the allegedly defamatory statements.
For example, if there is evidence of the tortfeasor saying "I hate you" this would show actual malice.
Privacy Torts
While Defamation of Character involves merely "publishing" the information to another person, it also includes matters stated on the internet. There are other actions that can be brought if someone places information on the internet that is misleading. This cause of action is called False Light.
The Plaintiff in a false light claim must show:
A False Light claim does not need to involve a false statement as a Defamation of Character claim does. This is a powerful cause of action since it doesn't require a direct, false statement. False light is meant to protect a person from the offense or embarrassment of a misleading or untrue implication.
In our digital age where people can so easily press a few buttons and cause extreme embarrassment to others the claim of False Light can offer recourse for those publicly attacked with false and misleading information.
Cease and Desist Letter
Recent events which include an internet attack have led me to send the following Cease and Desist Letter. Cease and Desist letters are sent prior to instituting legal action. In this case many statements which are defamatory per se and place my businesses and me in a False Light have been published on Social Media and websites. It is my belief that these statements have been made with actual malice by certain parties and with reckless disregard as to the truth or falsity of the statements by other parties. Cease and Desist Letter of July 3, 2017.
Defamation, which consists of both libel and slander, is defined by case law and statute in California. See Cal. Civ. Code §§ 44, 45a, and 46.
The elements of a defamation claim are:
- publication of a statement of fact
- that is false,
- unprivileged,
- has a natural tendency to injure or which causes "special damage," and
- the defendant's fault in publishing the statement amounted to at least negligence.
Defamation Per Se
The injured party does not need to prove special damages if the statement is defamation per se. A statement is defamation per se if it defames the plaintiff on its face, that is, without the need for extrinsic evidence to explain the statement's defamatory nature.
Some statements of fact are so egregious that they will always be considered defamatory. Such statements are typically referred to as defamation "per se." These types of statements are assumed to harm the plaintiff's reputation, without further need to prove that harm. Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things:
- a criminal offense;
- a loathsome disease;
- matter incompatible with his business, trade, profession, or office; or
- serious sexual misconduct.
Actual Malice and Negligence
In California, a private figure plaintiff bringing a defamation lawsuit must prove that the defendant was at least negligent with respect to the truth or falsity of the allegedly defamatory statements.
For example, if there is evidence of the tortfeasor saying "I hate you" this would show actual malice.
Privacy Torts
While Defamation of Character involves merely "publishing" the information to another person, it also includes matters stated on the internet. There are other actions that can be brought if someone places information on the internet that is misleading. This cause of action is called False Light.
The Plaintiff in a false light claim must show:
- The Defendant published some information about the Plaintiff;
- The information portrayed the Plaintiff in a false or misleading light;
- The information is highly offensive or embarrrassing to a reasonable person of ordinary sensibilities;
- The Defendant published the information with reckless disregard to its offensiveness.
A False Light claim does not need to involve a false statement as a Defamation of Character claim does. This is a powerful cause of action since it doesn't require a direct, false statement. False light is meant to protect a person from the offense or embarrassment of a misleading or untrue implication.
In our digital age where people can so easily press a few buttons and cause extreme embarrassment to others the claim of False Light can offer recourse for those publicly attacked with false and misleading information.
Cease and Desist Letter
Recent events which include an internet attack have led me to send the following Cease and Desist Letter. Cease and Desist letters are sent prior to instituting legal action. In this case many statements which are defamatory per se and place my businesses and me in a False Light have been published on Social Media and websites. It is my belief that these statements have been made with actual malice by certain parties and with reckless disregard as to the truth or falsity of the statements by other parties. Cease and Desist Letter of July 3, 2017.