Tampa Defamation Lawyer

Defamation

Elements of a defamation case:

  1. False statement of fact that is defamatory;
    • In a defamation case the interest at stake is REPUTATION.
    • Any living person or company may be defamed.
  2. Of or concerning the victim;
    • The victim must show that a reasonable prudent person would understand that the defamatory statement referred to the victim.
  3. Made known to a 3rd Party by publication;
    • Publication means communication of the defamation to someone other then the victim.  In other words, if made only to the victim then no publication exists.
  4. Wherein the statement caused damages to the victim.
    • The type of damages the victim must prove depends on the type of defamation involved:
    • Two (2) types of defamation:
      • Libel: Written or printed publication of defamatory language (i.e. printed on television or newspaper
      • Slander: Spoken or oral form (i.e. false words that are verbally communicated

Can the wrongdoer raise a defense?
There are numerous defenses to a defamation action. If the alleged false statements are shown to be “True” there can be no action for defamation. Moreover, if the statement is an expression of an opinion as opposed to a statement of fact, there can be no action for defamation.

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