What do you do when lies are circulating about your business? A business's reputation is the most important marketing tool it has.
If the reputation becomes tarnished, customers will not return.
Fortunately, there is legislation dedicating to preventing this tragedy.
Defamation occurs when a false and harmful statement is issued about another person.
Depending upon how the message is communicated it can fall into two categories.
When the statement is made with a non-fixed media such being spoken, then it is considered slander.
If the message is in printed or fixed medium such as a newspaper, it is considered libel.
To be considered defamation, several elements must be present.
First, the statement must be both false and harmful.
Second, the defamation message must be presented to third party.
This third party must not be the person being defamed.
The publisher of the defamation must be considered negligent in his actions.
Lastly, the plaintiff must have sustained damage as a result of the defamation.
In defamation, the damage is typically reputation of the plaintiff.
However, some jurisdictions include mental anguish in their definition.
Most of the jurisdiction recognize "per se" defamation where allegations are presumed to have had a negative effect on the plaintiff without actual proof.
Statements that are included in the "per se" assumption are attack on a professional standing or character or alleging that an unmarried person is unchaste, a person is infected with a sexually transmitted disease, or a person has committed a moral crime.
While legislation concerning the consequences has been around for years, much of it has been modified.
The updated legislation includes requirements such as when the lawsuit may be filed and an opportunity for an apology before damages are sought.
The best defense for defamation is the "truth".
If the defendant can prove his words to be honest, then the case has no standing.
Another common defense is privilege.
In certain arenas, individuals are permitted to make statements without penalty.
This includes witnesses and lawyers in court, legislatures on the floor during a session, and judges presiding over a case.
No matter how false or extreme the statement is, these individuals are protected from being prosecuted.
If the statement was a matter of opinion, that is recognized as a defense.
This would mean the statement was expressed not as a fact but as personal belief.
If you have suffered from defamation, visit http://www.
skjold-barthel.
com today to learn more.