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Libel Lawsuit - WORLD Law Direct Forums





In law, defamation also called calumny, vilification, slander (for spoken words), and libel (for written or otherwise published words) is the communication of a statement that makes a claim, expressly stated or implied to be factual, that may give an individual, business, product, group, government or nation a negative image. It is usually, but not always, a requirement that this claim be false and that the publication is communicated to someone other than the person defamed (the claimant).

In common law jurisdictions, slander refers to a malicious, false and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images. Most jurisdictions allow legal actions, civil and/or criminal, to deter various kinds of defamation and retaliate against groundless criticism. Related to defamation is public disclosure of private facts, which arises where one person reveals information that is not of public concern, and the release of which would offend a reasonable person. Unlike [with] libel, truth is not a defense for invasion of privacy.

False light laws are intended primarily to protect the plaintiff's mental or emotional well-being. If a publication of information is false, then a tort of defamation might have occurred. If that communication is not technically false but is still misleading, then a tort of false light might have occurred.

In most civil law jurisdictions, defamation is dealt with as a crime rather than a tort.

Common types of defamatory statements are the following:

  • Statements which make a claim about whether a person has committed a crime.
  • Statements which impute the presence of an infectious or loathsome disease.
  • Statements which injure a person with respect to his office, trade or business.
  • Statements which impute some lack of moral dignity.

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How to File a Lawsuit for Libel

Libel is a form of written defamation of character. A libelous comment is one that involves a false statement of fact about another person, that was conveyed to a third party and resulted in harm to another person's reputation or livelihood. Here are some tips to help you file a lawsuit for libel.

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  • Remember that the laws regarding the elements of a libel lawsuit can vary from state to state.
  • Truth is generally considered to be an absolute defense to a libel lawsuit.
  • File your libel lawsuit in a timely manner. You don't want to risk abandoning your lawsuit as a result of running afoul of your state's statute of limitations.


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