Defamation
Most people recognize a libel or slander claim when they hear about it on a celebrity news program - a tabloid reports that an athlete is using drugs when they are not or that a movie star is having an extramarital affair with another movie star. But the tort of defamation - which includes the categories of libel (written false statements) and slander (spoken false statements) is not limited to the gossip column. Defamation can occur when a competitor falsely tells a customer that your new product will not be ready for another year, or when a disgruntled person falsely informs your patients that your medical license will be revoked.
Defamation law protects people and companies from untrue statements that would tend to cause them harm in their communities or in the marketplace. In fact, typically in a defamation case, those two aspects (falsity and damage) are the major factual issues involved. There are even some statements that are considered so detrimental that damages are presumed. In addition, the untrue statement must be one that would be considered a fact by the listener as opposed to simply a person’s opinion.
There is also another subset of defamation law, called “false light,” which operates under similar rules and protects those who have been portrayed falsely through the misleading use of technically true statements.
In almost all defamation cases, the standards of proof can be vastly different depending on whether the plaintiff is a regular citizen or a public figure such as a politician or a celebrity. In those cases, because there is a public interest in reporting news on such figures, the public figure must prove that the defendant knew (or should have known) that the statement was false and said or printed the false statement maliciously.
The attorneys of Newberg & Winters LLP have a great deal of experience in handling various types of defamation cases and can put that experience to work for you whether you have been defamed or accused of defamation. For more information on our defamation practice, send us an e-mail at defamation@newbergwinters.com.
Most people recognize a libel or slander claim when they hear about it on a celebrity news program - a tabloid reports that an athlete is using drugs when they are not or that a movie star is having an extramarital affair with another movie star. But the tort of defamation - which includes the categories of libel (written false statements) and slander (spoken false statements) is not limited to the gossip column. Defamation can occur when a competitor falsely tells a customer that your new product will not be ready for another year, or when a disgruntled person falsely informs your patients that your medical license will be revoked.
Defamation law protects people and companies from untrue statements that would tend to cause them harm in their communities or in the marketplace. In fact, typically in a defamation case, those two aspects (falsity and damage) are the major factual issues involved. There are even some statements that are considered so detrimental that damages are presumed. In addition, the untrue statement must be one that would be considered a fact by the listener as opposed to simply a person’s opinion.
There is also another subset of defamation law, called “false light,” which operates under similar rules and protects those who have been portrayed falsely through the misleading use of technically true statements.
In almost all defamation cases, the standards of proof can be vastly different depending on whether the plaintiff is a regular citizen or a public figure such as a politician or a celebrity. In those cases, because there is a public interest in reporting news on such figures, the public figure must prove that the defendant knew (or should have known) that the statement was false and said or printed the false statement maliciously.
The attorneys of Newberg & Winters LLP have a great deal of experience in handling various types of defamation cases and can put that experience to work for you whether you have been defamed or accused of defamation. For more information on our defamation practice, send us an e-mail at defamation@newbergwinters.com.