Well, the defamation of character claims might be a bit tricky since the court may always try its best to preserve the people’s freedom of expression. However, this right is also limited and doesn’t allow anyone to harm someone else’s reputation. Thus, the claim for defamation actually lies in the balance that should be maintained between the fundamental rights and testing those same rights to what the society finds acceptable or unacceptable.
Defamation refers to a statement or comment that is published or made to damage the reputation of any other person. The person that has been defamed by the relevant statement of comment has legal recourse and can claim damages from the one that made defamatory or harmful comments.
Major elements of defamation
There are three main elements that should be presented for the complaint to be successful in defamation claim. These elements are explained below.
When attorney Aaron Minc interviewed Cleveland News 5, one of the major concepts discussed was this concept. It consists of two components. First, the direction of defamer’s will towards injuring reputation of complainant. The second is that the defamer should have required knowledge that to impair reputation of complainant is actually unlawful.
The community should see that the statement was made in wrongful light and is unacceptable. Now it is the task of the relevant court to balance the two conflicting constitutional rights when deciding on such element that is the right to freedom of speech of defamer and right to recourse.
Factual violation of an individual’s right to reputation may only be violated if any individual communicates defamatory statement to third person including publication. The publication can be made verbally, published, or may even by using hand gestures or body languages.
Defences that can be used as justification
Generally, there are three defenses that can be used to justify defamatory claim. They are:
- Truth in public benefit
The defamer should prove that the statement or comment or material is true and that the public has legitimate interest in material. Both of the elements should be proven.
- Fair comment
This defense differs from public interest defense in which there is a firm basis of the fact that there exists an opinion or comment. On the other hand, this type of defense protects right of the citizens to express their genuine opinion honestly.
- Privileged occasion
There should be some type of relationship between the defamer and the recipient. Here the defamer is the one that is making the defamatory statement and the recipient is the one to whom that content or comment was communicated. No matter whether the comment was true or false, the circumstance under which that comment was actually made is privileged. The defamer has a moral obligation to make recipient aware of comment.
Well, the actual complexity of defamation claim lies in balancing needs to maintain the two fundamental rights and testing those same rights to what the society finds unacceptable or acceptable. With the guidance of professional and experienced lawyer, understanding defamation removal law can be made easy.