What is the publication of a statement which reflects on a persons reputation?

What is Libel?

Libel is the publication of false statements that damage someone’s reputation. You’ll also see it referred to as defamation. An opinion is not libel. Libel refers to specific facts that can be proved untrue.

A true statement that damages someone’s reputation might be an invasion of privacy, but it is not libel.

Libel laws don’t just apply to journalists. Anyone can be sued for libel. Tweeting false statements is considered a form of publishing, too.

In the United States, each state has its own libel laws. However, the basics of libel law are the same in every state.

Criminal Libel

Some states have criminal penalties for libel, meaning that under certain circumstances, you can get arrested for libel instead of just sued for it. In criminal libel, the state becomes the prosecuting entity against an individual speaker. The theory is that the damage is to the public rather than to a private individual. The libelous statement would have to be deemed serious enough to be a criminal case. The defamation involved in criminal libel could be of another individual, a public official, a government entity, a group or even a deceased person.

Most libel cases are civil. The person who believes they’ve been wronged sues the publisher of the potentially libelous statement.

To win a libel lawsuit, a private person must prove the publisher of the false statements acted negligently. Negligence means that the publisher didn’t do their homework. Even if the publisher didn’t know that the information was false when released, they can still be on the hook for libel if they should have known.

Can I sue Facebook for libel if someone posts defamatory things about me and Facebook won’t remove the posts?
Facebook, Twitter, Yelp and most other social media platforms are protected from libel lawsuits by Section 230 of the Communications Decency Act, which means that they are not considered to be publishers of content provided by their users. That means they can’t be sued for any libel people post on their sites. However, sites like Facebook are exercising more editorial control over the content on their sites – just as a publisher would – and some lawmakers are pursuing more limits regulating how such sites moderate content.

Libel and public figures

It’s harder for a public figure to win a libel lawsuit than it is for a private person to win a libel lawsuit. A public figure can be a public official or any other person widely involved in public affairs, like celebrities, business leaders and politicians. If you involve yourself in a public controversy, you may be considered a public figure for that issue.

To win a libel suit, a public figure must prove the publisher of the false statements acted with actual malice. Actual malice means that the publisher knew that the statements were false or acted with reckless disregard for whether they were true or false. This is much harder to prove than negligence. The Supreme Court established this higher bar for public figures to prove libel in 1964.

The different standards exist because public figures are at the center of matters of public concern – matters that the press should report on as part of its “watchdog” role on the government. If journalists could be punished for every error published about a public figure, they might avoid reporting on controversial subjects that concern the public. The public would lose access to crucial information.

Public figures also generally have greater access to the media in order to counter defamatory statements and, to a certain extent, seek out public acclaim and assume the risks of fame.

The law makes it hard for public figures to win libel lawsuits. But if you have plentiful financial resources, it’s not hard to file lawsuits, which can have a chilling effect on the freedom of the press. Reporters who are constantly defending themselves against frivolous lawsuits aren’t focusing their efforts on reporting on controversial stories.

More: Perspective: Supreme Court Shouldn’t Make it Riskier to Scrutinize Prominent People

Information that is published that unfairly damages your reputation is a form of defamation known as libel. The effect on an individual or business’s reputation can be far-reaching as a result of this and there are various options that can be considering if facing this issue.

What is a defamatory statement?

A defamatory statement is one that would either damage, or could damage, the reputation of the affected claimant. The statement needs to affect the opinions of normal members of the public in relation to the claimant. It also needs to identify or refer to the claimant and be published to a third party.

The defamatory statement has to cause (or be likely to cause) serious harm to the claimant’s reputation. A business needs to show that the statement has caused, or is likely to cause, serious financial loss.

Libel is the publication of a statement in a permanent and lasting form, such as:

• In writing
• Broadcasts
• Stage productions

Remedies

There is a range of possible remedies in situations where published material has damaged your reputation.

Damages

The defendant can be ordered to pay damages to the claimant that can be compensatory or exemplary. The court will consider the:

• Level of injury caused.
• Seriousness of the defamation.
• Extent and nature of the publication.
• Any mitigating factors.

Injunctions

An injunction may be granted to prevent the any further publications of the same or similar defamatory statements. Interim injunctions to prevent further statements while the case is ongoing are very rare since they are seen to interfere with freedom of speech before any wrongdoing has been proved.

Publication of a judgement summary

The defendant can be made to publish a summary of the judgement as a way of remedying the harm caused.

Order to remove the defamatory statement

The defendant can also be ordered to remove the defamatory statement to prevent any further harm.

Reputational effect caused by published material

Defamatory statements, malicious reviews and unfounded rumours can all cause damage to a reputation that can also cause financial issues. Customer and client loyalty can be badly affected that in turn impacts the business’s revenue and profits. Connections and relationships with other businesses can be damaged. Employees can become concerned and this can affect staff turnover, which can further portray an issue within the organisation even if one does not actually exist.

In relation to an individual, various other factors can be affected by damage to their reputation. Relationships, both professional and personal, can be questioned and become strained. Employment prospects can also be impacted, such as issues relating to bonuses, promotion or even future employment offers.

Issues with physical copies

One of the main issues of material being physically published is that it is generally impossible to remove these statements permanently, even if they have been shown to be defamatory or untrue. Once somebody has a physically copy of the item that includes the statement, it is unlikely that these will always be retrievable. Even if the defendant is ordered to apologise or retract the statement, it does not necessarily mean that those that saw the original statement will see this.

Issues with online statements

Statements made online can theoretically be removed since they are not a physical item. However, the issue here is how quickly information can be shared around the world with multiple people. So ensuring the statement has been removed forever from all places is basically impossible. The explosion of social media has made everyone a publisher and means that the risk of having your reputation damaged is unfortunately greatly increased.

Organisations that publish physical newspapers and magazines are subject to various additional checks and regulatory controls. However, the internet allows anybody to make statements to a very wide, often international, audience and this is far harder to control. It is also impossible to monitor every possible website where statements could be made.

What is the process to resolve such a claim?

A claim for libel requires the claimant to follow the Pre-Action Protocol for Media and Communications Claims. The claimant issues a letter of claim that the defendant has to respond to. The parties are then encouraged to attempt to resolve the issues via alternative dispute resolution as opposed to going through the courts, which is usually quicker and cheaper. If the matters cannot be resolved in this way, the matter will then need to be dealt with by the courts.

What is the publication of a statement which reflects on a person's reputation?

What is a published false statement called?

Is a published false statement that is damaging to a person's reputation?

What is defamation A It refers to a statement?