COMM 337: Defamation

Some unedited notes - copied from the web and pasted below ...


http://www.ehow.com/how_2063889_sue-defamation-character.html

from How to Sue for Defamation of Characterstrong at eHow website

Generally, to make a successful defamation of character claim, you must show that there was a false statement of fact, this statement was conveyed to a third party and the statement is understood to be about you and tending to harm your reputation. In the case of a public figure, actual malice must also be proved.

http://www.expertlaw.com/library/personal_injury/defamation.html

Typically, the elements of a cause of action for defamation include:

• A false and defamatory statement concerning another;
• The unprivileged publication of the statement to a third party (that is, somebody other than the person defamed by the statement);
• If the defamatory matter is of public concern, fault amounting at least to negligence on the part of the publisher; and
• Damage to the plaintiff.
  

In the context of defamation law, a statement is "published" when it is made to the third party. That term does not mean that the statement has to be in print.