Defamation of character or simply defamation is the act of accusing someone by making a false statement that can injure someone’s reputation. While deciding defamation case, the court gives the right to speech freely that probably balances both the competing parties.
Are you wondering if you could sue someone who writes or says anything to defame you? You can definitely sue someone for defaming you whether slander or libel, by saying or writing something bad about you if you meet some requirements for doing a civil action. In order to do so, you need to have all the necessary elements or prove for your defamation suit. Learn how to sue for defamation of character, what the defamation removal law means, and how you can proceed.
- Libel– Libel is that type of defamation where a person, a group or an organization, product, the government or a country is defamed by some printed or written words or by pictures.
- Slander– Slander is that type of defamation in where a person, a group, or an organization, product, the government or a country is defamed through sounds, spoken words, gestures or through sign language.
Understanding the Defamation Lawsuit Reasons
You can sue someone for defamation if:
- The defamation causes you some damages
- They are making false statements as if were true.
While in some cases, the damages need not be proven. Such kind of cases usually occurs when the sued party states that the victim of the defamation had:
- Committed some crime
- A sexually transmitted disease
- Guilty of sexual misconduct
- Said that you are not fit for running a business.
Defenses in Case of Internet Defamation
- Truth- One of the complete defenses in a defamation case is the truth. It cannot be considered a defamation if the matter statement is true.
- Retraction- The defamer who retracts the defamatory statement is liable to receive some sort of protection in most of the states.
- Limitation statute– The limitation statute bars the person filing the case in bringing a lawsuit when a certain period of time passes.
Winning a Defamation Case
Simply filing a lawsuit against the defamer is not quite enough, winning is all that matters. In order to prove that defamation has been done, you need to prove first that the state statement was false.
Secondly, you must be able to show that you are being harmed by the statement. You also need to prove that the defamer was not very sure that the statement he made was a true one. You may also have to provide evidence that the defaming statement was done with actual hatred. On the other hand, it means you have to prove that the statement he made was out of the intention of harming you.
It is advisable to seek a good lawyer, if you think you have to sue someone for defaming you. He/she will assist you in gathering the required evidence in order to make your claim.