Are you clear on what qualifies as defamation? It’s a term that gets thrown around a lot in the entrepreneurial space, but today on The Legalpreneur, I am breaking down the five criteria to prove a defamation case. I clearly define what qualifies as defamation and break down common misconceptions about negative statements.
The main criteria of defamation are whether or not the statement can be proven as true or false and if it is made public. People are allowed to have negative opinions about you and your business, so not every rude comment calls for legal action.
Sometimes words travel farther than people intend, but everyone is still responsible for public statements made. I break down one of the most disputed criteria for defamation…fault. With social media, it is easy to post something, but once you do, the ripple effect can reach further than you intended. I am here to tell you that you can still hold the original person responsible if they were the catalyst for your public defamation.
Each criterion is nuanced and case-specific. if you suspect you are a victim of defamation, be sure to enlist an attorney to see if you have a civil case. As always, this is something that we at The Legalprenur can assist you with, so be sure to check out our membership plans to see if we can help you with your legal needs!
If you want to understand what qualifies as defamation, listen now!
Key Takeaways:
[0:30] Filing a civil claim for defamation
[1:40] What is slander vs liable
[2:00] Defamation cannot be an opinion
[3:00] It must be a provable true or false statement
[3:35] Statements must be in the public domain
[4:29] To be legitimate, you must be clearly identified in the statement
[6:25] It must have a negative impact on your public reputation
[7:20] You have to be able to prove that the statement is demonstrably false
[9:10] Getting clear about who is actually at fault
THE LEGALPRENEUR BOOK IS HERE!
Click this link to buy it now: Amazon
Get Legally Protected!
Want to legally protect your business without the seemingly over-complicated approach? We have THE solution for you, the Legal Protection Playbook! Get started here.
Links:
_____
Disclaimer:
The Legalpreneur Podcast is advertising/marketing material. It is not legal advice. Please consult with your attorney on these topics. Copyright Legalpreneur Inc 2022
Popular Podcasts
On Purpose with Jay Shetty
I’m Jay Shetty host of On Purpose the worlds #1 Mental Health podcast and I’m so grateful you found us. I started this podcast 5 years ago to invite you into conversations and workshops that are designed to help make you happier, healthier and more healed. I believe that when you (yes you) feel seen, heard and understood you’re able to deal with relationship struggles, work challenges and life’s ups and downs with more ease and grace. I interview experts, celebrities, thought leaders and athletes so that we can grow our mindset, build better habits and uncover a side of them we’ve never seen before. New episodes every Monday and Friday. Your support means the world to me and I don’t take it for granted — click the follow button and leave a review to help us spread the love with On Purpose. I can’t wait for you to listen to your first or 500th episode!
Dateline NBC
Current and classic episodes, featuring compelling true-crime mysteries, powerful documentaries and in-depth investigations. Follow now to get the latest episodes of Dateline NBC completely free, or subscribe to Dateline Premium for ad-free listening and exclusive bonus content: DatelinePremium.com
Stuff You Should Know
If you've ever wanted to know about champagne, satanism, the Stonewall Uprising, chaos theory, LSD, El Nino, true crime and Rosa Parks, then look no further. Josh and Chuck have you covered.