Friday, March 12, 2010
 

Defamation

Defamation: also called slander (for spoken words), and libel (for written or otherwise published words)—is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government, or nation a negative image. It is usually, but not always, a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).

In common law jurisdictions, slander refers to a malicious, false and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. “Unlike [with] libel, truth is not a defense for invasion of privacy.”

False light laws are “intended primarily to protect the plaintiff’s mental or emotional well-being.” If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.

Brandeis University May Sue Harpers Magazine

Conference: International Developments in Libel, Privacy Newsgathering and New Media Law

 
About Clancco

Clancco.com is a website on art law. Clancco and Clancco.com are trademarks owned by Sergio Muñoz Sarmiento. The views expressed on this site are those of Sergio Muñoz Sarmiento, Clancco and its staff, as well as of the artists and writers who submit to Clancco.com. They are not the views of any other entity or organization, legal or otherwise.

Website Terms of Use, Conditions, and Applicable Law.
Make a Tax-Deductible Donation

Making a small tax-deductible donation will help us continue to provide you with news articles and resources on art and law. Donating is easy and can be done safely online. Clancco.com is fiscally sponsored by Fractured Atlas, a 501(c)(3) public charity, and thus all donations are tax-deductible to the extent permitted by law.