Defamation is what occurs when you damage someone's reputation through false statements. In other words, it is when a third party's information is recklessly spread around that may be true or false and causes another person harm.
Defamation (Libel and Slander) is communication that destroys or harms a person's reputation by exposing them to hatred, contempt, ridicule, obloquy, or inducing others to commit similar acts.
Defamation may be spoken or written, published online or broadcast via radio or TV, and need not be intentional. Defamation is considered an inherent risk for individuals, entities, or brands and is primarily controlled by state legislation.
Statements are defamatory if they are false and harm a person's reputation. Even if they are authentic, they can become defamatory if the person you're speaking with doesn't believe them true. If you rely on someone else's information, you should always verify that it is correct. And remember, just because a statement is true or an opinion doesn't mean it's not defamatory.
Malice - if the act were done by a computer, such as Twitter, which has intentionally published false information, it would be considered defamation. Therefore, if one can prove that this act was done by the computer (or, in this case, the Twitter bot), then defamation charges can be brought against Twitter, as the computer has effectively damaged the person's online reputation, which can be associated with real-life damage for loss of business.
Libel is any defamatory statement or picture that defames or exposes a person or organization during a live-TV, radio, newspaper, magazine, film, or social media broadcast.
Slander is oral defamation that damages property, business, or reputation. Indeed, there are other forms of oral defamation, but the three categories above are the most common.
Slander of the title refers to a remark regarding ownership or title of the property which maligns the owner or his ability to transfer the property, resulting in a monetary loss. When malice is involved, this type of slander can be easier to prove and, thus, to litigate successfully.
Words or statements that damage someone's reputation is considered defamatory. Most states will classify statements that fall into the following categories as defamatory per se. Defamatory per se is also referred to as libel on its face, meaning it meets all the required elements without having to present proof of damages. In contrast, defamation per quod is the opposite of per se; extrinsic evidence has to demonstrate that a statement was defamatory. Defamation per se is the strongest of the three categories of defamation.
Entertaining facts are not defamatory. This will often include documents someone was mistakenly told about by an opponent, which later proved false. See Libby v PM [2010] VSC 504.
"Founded on Fact" is a statement that is true if the subject it refers to exists or is true.
Statements about public figures (such as politicians, celebrities, and sports stars.) and ordinary people are treated differently under state and federal law. While statements made about famous or celebrated individuals are usually protected as free speech, they can be defamatory statements if made with malice. Statements made about ordinary people are less likely to receive legal protection.
Report mistakes, such as minor reporting errors, such as inaccurately publishing a person's age or title or providing the wrong address.
Governmental bodies attribute a criminal action to non-human entities (i.e., computers) since these entities cannot have intent and therefore cannot be held accountable for their actions.
