Defamation Law Concept

Defamation Law Concept

In lawful terms, defamation refers to any statement that damages the repute of a person.

According to the United States edict, defamation is not considered a crime, but rather a tort or civil wrong. An individual who has been defamed has a legitimate option to take a legal action against the person who made defamatory remarks. At times, defamation of one’s character can be complicated since many courts are constantly trying to find a balance between the freedom of speech and the right to political and social disagreements. The undermentioned concepts will try to simplify the defamation notion.

Categories of Defamation of Characters

Generally, defamation is classified as either slander where the remark is uttered by word of mouth or libel where the defamation is in written form.
Slander: This entails a defaming statement of remark that is orally spoken. These categories of defamatory cases are complex to prove unless there was an intention to hurt the victim.
Libel: This type entails defamatory remarks that are represented in visual forms and put out in the print or broadcast broadcasting. The underlying factor is that the defamatory statement must be factual for it to be considered libel.

Defamation and Bail Bonds

When a case of defamation is due to court a process, the individual who made the statement is booked by the law enforcing authorities. When the suspect in booked, the police records all information about him and he or she is required to appear in court. When the promise from him to appear in court is not enough, the suspect is required to bail himself, a process that entails paying a certain sum of money in order to be released from police and appear to all court proceedings.

In most situations, the suspect or his family may not be in a position to post the required bail. In this case, a bail bond will be required. This entails a written warranty that the accused will appear in court as obligated or the bail sum will be remitted if he fails. A Bail bond is the indemnity pledge of the suspect and this entails bail bond process.

Ways to Prove Defamation of Character

In order to win a case of defamation in a court of law, the victim of defamation must be able to ascertain several features about the defamatory remark:
• The remark must be published: Essentially, this implies that a third party besides the victim must be in a position to affirm that he or she witnessed or heard the statement. This could be in different forms such as printed media, speeches or through conversations.
• The remark must be deceitful: If any of the remark made is true or factual, however hurting it may have a bearing on the victim, it will not be considered as damaging lawfully. This is the main reason why opinions are rarely considered as defamation since they cannot be confirmed to be empirically false.
• The remark must be hurting: In proving a defamation case, the victim must demonstrate that his or her reputation was injured by the fabricated remark and that he or she suffered some consequent injuries. For instance, this can be aspects such as lost employment opportunities or harassment by colleagues, friends or even the media.
• The remark must be unprivileged: In simple terms, this implies that remarks that are privileged, for example, court testimonies for witnesses in the judicial systems are not considered as defamation. This is a case under which many lawyers are protected.
Frequent Defenses to Defamation
• Fair Comment: This entails a remark that was an opinion. The court can prove that it was reached grounded on facts without any dishonorable intention. This is not considered as defamation according to the rule of law.
• Trivial Faults in Reporting: Minor faults, for instance, wrong publication about a person’s information are exempted from being defamatory.
• Public Records: According to the rule of law, public records are not considered in libel claims.
• Celebrity Eminence: In as much as remarks could be false or harmful, if the victim involved is a public star or celebrity, they are normally excluded from defamatory outcomes unless there was proven malice involved.


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