defamation

defamation
An intentional false communication, either published or publicly spoken, that injures another's reputation or good name. Holding up of a person to ridicule, scorn or contempt in a respectable and considerable part of the community; may be criminal as well as civil. Includes both libel and slander. Defamation is that which tends to injure reputation; to diminish the esteem, respect, goodwill or confidence in which the plaintiff is held, or to excite adverse, derogatory or unpleasant feelings or opinions against him. Statement which exposes person to contempt, hatred, ridicule or obloquy. McGowen v. Prentice, La. App., 341 So.2d 55, 57.
The unprivileged publication of false statements which naturally and proximately result in injury to another. Wolfson v. Kirk, Fla.App., 273 So.2d 774, 776.
To recover against a public official or public figure, plaintiff must prove that the defamatory statement was published with malice. Malice as used in this context means that it was published either knowing that it was false or with a reckless disregard as to whether it was true or false. New York Times Co. v. Sullivan, 376 U.S. 254, 84 S.Ct. 710, 11 L.Ed.2d 686.
A communication is defamatory if it tends so to harm the reputation of another as to lower him in the estimation of the community or to deter third persons from associating or dealing with him. The meaning of a communication is that which the recipient correctly, or mistakenly but reasonably, understands that it was intended to express. Restatement, Second, Torts No.No. 559, 563.
See also actionable per quod
- actionable per se
- journalist's privilege

Black's law dictionary. . 1990.

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  • defamation — de·fa·ma·tion /ˌde fə mā shən/ n 1: communication to third parties of false statements about a person that injure the reputation of or deter others from associating with that person see also libel, slander; new york times co. v. sullivan in the… …   Law dictionary

  • defamation — def‧a‧ma‧tion [ˌdefəˈmeɪʆn] noun [uncountable] LAW the act of writing or saying bad or untrue things about someone, so that people will have a bad opinion of them: • He sued the newspaper for defamation of character. defame verb [transitive] * * …   Financial and business terms

  • Defamation — Def a*ma tion, n. [OE. diffamacioun, F. diffamation. See {Defame}.] Act of injuring another s reputation by any slanderous communication, written or oral; the wrong of maliciously injuring the good name of another; slander; detraction; calumny;… …   The Collaborative International Dictionary of English

  • Defamation — (lat.), soviel wie Diffamation …   Meyers Großes Konversations-Lexikon

  • Defamation — (lat.), s.v.w. Diffamation …   Kleines Konversations-Lexikon

  • defamation — c.1300, from O.Fr. diffamacion, M.L. deffamation, from L. diffamationem (nom. diffamatio), noun of action from pp. stem of diffamare (see DEFAME (Cf. defame)) …   Etymology dictionary

  • defamation — [n] libel, slander aspersion, backbiting, backstabbing, belittlement, black eye*, calumny, character assassination, cheap shot*, denigration, depreciation, detraction, dirt, dirty laundry*, disparagement, dump*, dynamite, hit, knock, lie, low… …   New thesaurus

  • defamation — [def΄ə mā′shən] n. [ME defamacioun < OFr difamacion < LL diffamatio] a defaming or being defamed; detraction, slander, or libel …   English World dictionary

  • Defamation — This article is about the malicious statement. For the 2009 film, see Defamation (film). Libel and Slander redirect here. For other uses, see Libel (disambiguation) and Slander (disambiguation). Vilification and Calumny redirect here. For the… …   Wikipedia

  • defamation — /def euh may sheuhn/, n. the act of defaming; false or unjustified injury of the good reputation of another, as by slander or libel; calumny: She sued the magazine for defamation of character. [1275 1325; ME; r. (by analogy with DEFAME) ME… …   Universalium

  • defamation — Synonyms and related words: attack, backbiting, backstabbing, belittlement, blackening, calumny, character assassination, defamation of character, defilement, denigration, depreciation, disparagement, malicious defamation, muckraking, mudslinging …   Moby Thesaurus

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