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Tuesday, August 14, 2007

It is Libel

In law, defamation is the communication of a statement that makes a false claim, expressly stated or implied to be factual, that may harm the reputation of an individual, business, product, group, government or nation. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against criticism.

All states except Arizona, Arkansas, Mississippi, Missouri, and Tennessee recognize that some categories of statements are considered to be defamatory per se, such that people making a defamation claim for these statements do not need to prove that the statement was defamatory. In the common law tradition, damages for such statements are presumed and do not have to be proven. Traditionally, these per se defamatory statements include:


  • Allegations or imputations of criminal activity (sometimes only crimes of moral turpitude)


Under United States law, libel generally requires five key elements. The plaintiff must prove that the information was published, the defendant was directly or indirectly identified, the remarks were defamatory towards the plaintiff's reputation, the published information is false, and that the defendant is at fault.



In November of 2006 the California Supreme Court ruled that 47 USC § 230(c)(1) does not permit web sites to be sued for libel that was written by other parties

1 comments:

Imaya said...

I think the REAL issue here comes down to a loss of balls, and not what the law says.

The actions of one woman has brought down entire empires before too...

 

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