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Defamation Law Fundamentals
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Defamation
A false statement presented as a fact that injures a party's reputation or character.
Slander
Defamation that is spoken or transitory in nature.
Libel
Defamation that is written, published or broadcasted and is more permanent in nature.
Absolute Privilege
Complete immunity from defamation lawsuits, often provided to government officials during official proceedings.
Qualified Privilege
Conditional immunity from defamation claims, often applicable when a statement is made without malice and with a legitimate interest.
Actual Malice
A requirement in defamation law where the plaintiff must prove that the defendant knew the statement was false or acted with reckless disregard for the truth.
Fair Comment
A common law defense in defamation cases allowing for free expression of opinion on matters of public interest.
Defamation per se
Statements considered so harmful that damages are presumed and do not have to be proven, typically including allegations of criminal conduct, a loathsome disease, professional incompetence, or sexual impropriety.
Retraction
The withdrawal or correction of a defamatory statement, which can mitigate damages in a defamation case.
Public Figure
An individual in the public eye who must prove actual malice on the part of the defendant to succeed in a defamation case.
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