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The legal rule itself – how to apply this exception – is complicated, as it is often dependent on who said the statement and which actor it was directed towards. [6] The analysis is thus different if the government or a public figure is the target of the false statement (where the speech may get more protection) than a private individual who is being attacked over a matter of their private ...
In the common law tradition, damages for such false statements are presumed and do not have to be proven. Statements are defamatory per se where they falsely impute to the plaintiff one or more of the following things: [2] Allegations or imputations "injurious to another in their trade, business, or profession"
Second, knowingly making a false statement of fact can sometimes be punished. Libel and slander laws fall under this category. Third, negligently false statements of fact may lead to civil liability in some instances. [21] Lastly, some implicit statements of fact—those that have a "false factual connotation"—can also fall under this exception.
Defamation involves spreading false information that damages the reputation of an individual, business, or organization. ... Libel typically refers to defamatory statements that are published or ...
Defamation law has a long history stretching back to classical antiquity. While defamation has been recognized as an actionable wrong in various forms across historical legal systems and in various moral and religious philosophies, defamation law in contemporary legal systems can primarily be traced back to Roman and early English law.
(Under the law prior to this decision any false statement could, if found to be defamatory, be grounds for damages.) Instead it raises the question of whether factual errors were made in good faith. "Actual malice" means then that the defendant intentionally made false statements of alleged facts, or recklessly failed to verify alleged facts ...
[1] [2] The decision held that if a plaintiff in a defamation lawsuit is a public official or candidate for public office, then not only must they prove the normal elements of defamation—publication of a false defamatory statement to a third party—they must also prove that the statement was made with "actual malice", meaning the defendant ...
A California jury found Walmart defamed a driver with false claims of workers' compensation fraud, and now the company must pay the former worker more than $34 million in damages.