When someone tells lies about you, it can do more than sting – it can ruin your life. Spreading falsehoods like this is called libel if written and slander if spoken, and both are types of defamation. In Virginia, you won’t find a more knowledgeable and experienced attorneys than those in the law offices of Howard, Morrison, Ross and Whelan http://www.hmrwlaw.com/virginia-personal-injury/.
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What Counts as Defamation?
1. What Counts as Defamation?
When someone tells lies about you, it can do more than sting – it can ruin your life. Spreading
falsehoods like this is called libel if written and slander if spoken, and both are types of defamation.
If you are defamed, you have a right to compensation. Defamation isn’t illegal, but when it causes
damages the person responsible has to pay. However, defamation has a very strict definition. To count
as defamation a comment must meet all of these criterion:
The comment was public. If someone slanders you to your face, in private, it doesn’t really
cause any damage to your life and livelihood. For a statement to count as defamation it needs
to, at the very least, be spoken in public – and more often, recorded or broadcast in some way,
such as on signs, in books or papers, by radio or TV or, of course, on the internet.
It was false. It doesn’t matter how much criticism damages you – if it was accurate, it was
merited and the damage was really your own fault. Thus, calling a convicted burglar is a thief is
not defamation, but saying your ex-spouse has kleptomania (if they don’t) does count as
defamation.
It’s more than an opinion. This is really part of the “is it false” criterion. When someone gives
their opinion – “I think he’s a bad boss,” or “That was the worst movie I’ve ever seen” – it
never counts as defamation. Opinions are expressions of a personal view and can never be
proven false.
It caused actual injury. “Injury” is a broad term in law practice but it does set a bar for what
counts as defamation. The false, public statement made against you has to do more than just
hurt your feelings – it has to cause provable damage. If the statement got you fired, for example,
or caused all your friends to abandon you, there is a real and injurious change in your life. In
other words, defamation causes your quality of life or your livelihood to decline in a clear,
measurable way.
It was not made under privilege. Under certain circumstances, the statements someone makes
are protected by law even if they turn out to be false and injurious. For example, witnesses in a
criminal trial can make their statement without fear of legal retribution, and lawmakers
speaking in their official role have similar protection.
If you’ve been defamed, you need to speak to a personal injury lawyer. In Virginia, you won’t find a
more knowledgeable and experienced attorneys than those in the law offices of Howard, Morrison,
Ross and Whelan http://www.hmrwlaw.com/virginia-personal-injury/.