What Are the Types of Defamation?
1. Defamation Per Se:
Defamation per se is another classification of defamation (also known as libel per se or slander per se, depending on whether the statement was written or spoken). This word refers to defamatory statements that are so harmful that the victim is presumed to have been harmed as a result of the statement.
Most jurisdictions in the United States consider statements to be defamatory per se if they:
-Accuse the plaintiff of committing a criminal or a crime of moral turpitude.
-Assert that the plaintiff suffers from a debilitating illness.
-Make a claim that the plaintiff has engaged in sexual misconduct or that the plaintiff has performed unethically or unlawfully in his or her job.
Even while in defamation per se instances, injury is "presumed," which does not absolve the plaintiff of the burden of establishing that suffering happened. The plaintiff must still show that he or she was harmed in order to collect compensation.
2. Defamation Per Quod:
Some remarks are not intrinsically defamatory but become so because of extrinsic facts that are known or exist beyond the context and writing at issue. Per quod, these statements are considered defamation.
In these cases, the victim must present extrinsic evidence to demonstrate that the statement is defamatory. To put it another way, before a comment may be regarded as defamatory and hurtful, it must be placed in context with other information.
If someone was accused of sitting at a bar and drinking a drink, such a comment could be considered defamatory. This accusation does not appear to be defamatory on its face, even if it is incorrect. However, if that person is an alcoholic who has created a reputation for obtaining alcohol over the last 10 years, the false allegation that they were drinking could be considered defamation.
In most states, a plaintiff must show two things in a defamation per quod case:
The extent or severity of the unique damages they incurred because of a false and damaging statement (such as monetary loss, emotional suffering, or reputational damage).
It is also the plaintiff's burden to show that the plaintiff's damages were caused directly by the defendant's remarks or actions.
3. Criminal Defamation:
Defamation is a civil tort that allows the plaintiff to seek a civil remedy, which is usually monetary damages or equitable relief. Some state statutes make it illegal to print certain sorts of defamatory claims, but these prohibitions are rarely enforced in practice.
Idaho, Louisiana, Michigan, Minnesota, New Mexico, North Carolina, Oklahoma, Utah, Virginia, Wisconsin, Montana, New Hampshire, and North Dakota are the only states in the United States that have criminal defamation laws on the books.
Many state criminal defamation and libel laws have been challenged or overturned over the years due to a lack of definition and interference with free expression. Because the United States has a long history of valuing the First Amendment and safeguarding citizens' rights to free speech, proving defamation can be challenging.
Defamation is a defense-friendly allegation, with hundreds of defamation defences available to defendants seeking to escape legal repercussions. However, there are three major scenarios in which defamers may face jail time:
When they have broken a restraining order;
When they have broken a court order related to libellous behaviour and have been placed in contempt of court;
When they have broken a restraining order
Workplace Defamation:
Workplace defamation is defined as defamatory statements made against a person by their employer or coworkers. This form of defamation can have serious ramifications for the victim's professional career and reputation. Rumors, performance reviews, and references are all examples of situations that can lead to a workplace defamation claim.
When issuing performance reviews or recommendations, most states have unique rules in place to protect employers from defamation claims. An employee may have a workplace defamation claim if their employer exaggerates, lies, or behaves in bad faith.
Sally, for example, is fired from her job due to a poor performance assessment from her employer, who stated that she was always late to work. Sally, on the other hand, was just five minutes late once during the entire year. Sally's manager exaggerated her tardiness on purpose in order to have her fired. Sally might have a case for slander in the workplace.
0:00 Introduction - What is it?
0:18 Plaintiff
1:08 Registering a Complaint
1:37 Registering a Complaint - Offline Mode
2:16 Registering a Complaint- Against phone number via online mode
3:05 Procedure of registering a complaint
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