Sullivan , the U. Supreme Court held that certain defamatory statements were protected by the First Amendment. The case involved a newspaper article that said unflattering things about a public figure, a politician. The Court pointed to "a profound national commitment to the principle that debate on public issues should be uninhibited, robust, and wide-open. If those mistakes are "honestly made," the Court said, they should be protected from defamation actions.
The court made a rule that public officials could sue for statements made about their public conduct only if the statements were made with "actual malice. Later cases have built upon the New York Times rule, so that now the law balances the rules of defamation law with the interests of the First Amendment.
The result is that whether defamation is actionable depends on what was said, who it was about, and whether it was a subject of public interest and thus protected by the First Amendment.
Private people who are defamed have more protection than public figures -- freedom of speech isn't as important when the statements don't involve an issue of public interest. A private person who is defamed can prevail without having to prove that the defamer acted with actual malice. Defamation law aims to strike a balance between allowing the distribution of information, ideas, and opinions, and protecting people from having lies told about them.
It's a complicated area of law. If you have more questions, check your local law library or the Defamation Law Section of Nolo's website for more about the First Amendment and freedom of speech, the rights and responsibilities of the press, invasion of privacy, hate speech, and Internet speech.
The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site.
After a successful defamation case, a person may be entitled to damages in one of three categories:. These financial awards can compensate you for the loss, anger, and frustration you have suffered as the result of a defamatory statement. It is worth it to sue , not only to recover financially now but to help ensure others do not defame you or your business in the future. Defamation lawsuits can compensate you financially and help deter others from defaming you or your business in the future.
Contact us today for a consultation. Is it Worth Suing for Defamation? Steven T. Defamation occurs when a person: makes a false statement of fact about you or your business; the statement was published made to a third party ; the person who made the statement did so negligently, recklessly, or intentionally; and as a result of the statement, your reputation was damaged.
Types of Defamation In California, and many other states, there are two types of defamation: Libel, and Slander. If you have been a victim of medical negligence, we can help you get answers, gain any further care, treatment and rehabilitation needed and help you fight for the compensation you deserve. If you need help claiming for an injury, accident or illness we're here to get you back on track and provide guidance during this stressful time.
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Get In Touch. Can I sue someone for defamation on social media? Claire Kitchen. Blog April 24, What is defamation? In the case of statements on social media these could amount to libel. What is the law? What amounts to publication? Who can I bring a claim against? If this is not clear, the general test the court will apply is whether reasonable people would understand the words to refer to the claimant Who can sue?
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A more recent defence to libel claims deals with reporting on matters of public interest. This defence, which looks at the whole context of a situation, can apply if:. The defence of innocent dissemination is important in the internet era. Generally, a person who takes part in publishing a defamatory statement is responsible for its publication.
This includes a writer, editor, printer, and distributor. But a person who acts only as a distributor may be able to rely on the defence of innocent dissemination if they:. It must be brought within two years of the defamation. This window of time is the limitation period. The clock starts running when the defamatory statement was made or published. For details, see our information on starting a lawsuit.
Going to BC Supreme Court is expensive. Even if you win, you may spend more on legal fees than you get in damages. A court can award costs to the winner of a lawsuit, but costs cover only a small portion of your full legal costs. For alternatives to bringing a lawsuit, see our information on resolving disputes without going to court.
General damages can range from small to large amounts. It depends on several factors, including:. The mode and extent of publication is a particularly significant consideration in assessing damages in internet defamation cases.
The plaintiff may also be entitled to special damages , such as lost earnings, but only if they can prove that the lost earnings resulted from the defamatory statement, and not from other factors.
If someone makes defamatory statements with malice, the plaintiff may also be entitled to aggravated or even punitive damages. A newspaper or a TV or radio station that publishes or broadcasts a libel can limit the amount of the damages they may have to pay by publishing or broadcasting an apology right away. But an apology or retraction does not prevent someone from suing for defamation.
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