By definition, defamation is a false statement that can cause harm to a person’s reputation and make him or her vulnerable to public contempt, derision, hatred or censure. The false statement is considered libel if it is published in print or broadcasted in media through mediums, such as TV and radio. Slander occurs if the fallacious statement is only spoken.

Kinds of Defamatory Statements

Defamatory statements that are grounds for lawsuits are statements that: attribute a certain lack of moral dignity, possess a claim whether a person has involved himself or herself in a crime, impute
the existence loathsome or infectious disease, and injure a person’s business, trade or office.

Defamatory statements can either be in the form of a false writing, picture or other visual representation that exposes a victim to ridicule and further harm. Although there are several privileges considered that can challenge a defamatory claim, statements, for instance, made with malicious intent or generated with ill-will or hatred are often held as defamatory by courts.

What Constitutes Defamation

A fallacious statement that can cause a person to be held in ridicule or contempt, which further causes damage, is defamation. In defamation cases, the truth is an absolute defense although many other defenses are considered in defamation lawsuits.

On the other hand, if the statement is found to contain truth, there is no defamation regardless of the defendant’s state of mind during the time the statement was made. This makes it hard to win  defamation cases. Since freedom of speech is protected by the first amendment of the United States, the court has therefore created a set of rules used as grounds in determining whether the statements are defamatory or not. If the statements are found to be protected by the first amendment, these can be considered as not defamatory regardless of their fallaciousness.

Filing for Libel and Slander

Since the rules surrounding defamation lawsuits can be very tricky and complicated, hiring not only a skilled but also an experienced lawyer that specializes in such claims is important. Once you have properly researched the law governing your claim and hired a lawyer, it is time to file a complaint in court.

Included in the file is the name of the defendant you accuse of making libelous or slanderous remark, the facts that can support your claim and the detailed description of the damages you sustained as a result of the libel or slander. It is also important to gather as many witnesses and evidence as possible to support your claim; these can strengthen your defense especially in the case of a slander lawsuit.