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How Do I Prove Defamation of Character?
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  • Written By: Christina Edwards
  • Edited By: W. Everett
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    2003-2012
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In law, defamation of character refers to a false statement, either written or spoken, against someone that harms him in some way. A defamation of character claim is considered to be extremely difficult to prove in a court of law. Many lawyers agree, however, that if you have truth on your side, it is possible. To prove a claim of this sort, you must be able to prove that a claim was made and it was false. You must then prove that this statement was shared with a third party and that it caused you some sort of harm.

Proving that a statement was made against you is the first step to proving a defamation of character claim. This statement could have either been spoken or written. If the malicious claim was spoken, then this is known as slander. If it was written down or published, however, it is then known as libel.

After you can prove that a statement has been made against you, the next step is to prove that this statement is actually false or not privileged information. Privileged information is often associated with statements made during a court case. If the statement turns out to be true, or even partly true, this can harm your chances of winning a defamation of character case. For example, if someone informs a third party that you are a drug addict, you must be able to prove beyond a reasonable doubt that this is untrue.

The next step in proving a defamation of character claim is proving that it was shared or published. It could have either been spoken to one person or a group of people, or it could have been written down or published for people to read. The statement made must also refer specifically to you.

The last and, possibly, the most difficult step in proving defamation of character is showing that the false statement made by the defendant has caused you some type of damage. Actually causing damage and having the potential to cause damage, however, are two different things. You must be able to prove that your reputation has already been tarnished. Generally the easiest types of damage to prove are problems with your occupation and business losses.

There are a number of defenses in a defamation of character case, with the truth being the best. If you find that you are the defendant in a defamation of character case, your best defense would be to prove that the statement that you made is true. Another defense is privileged information. No matter how false or slanderous, statements that were made during a court case are usually protected from defamation of character claims.

Opinions are also typically protected. For example, if you told a colleague "I think Bob Jones is a drug addict," this is more likely to be interpreted as an opinion. On the other hand, if you said "Bob Jones is a drug addict," there is more of a chance that you will be found in the wrong.

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anon170794
Post 3

would it be defamation of character if an employee put you down (as the employer) as a reference when trying to get an apartment and you said that she is new and has stuff to work on? my main boss said i would lose my job because it is defamation of character.

oasis11
Post 2

Sneakers41- I think that anytime you are accusing someone of defamation of character in the workplace that you should seek legal advice by way of defamation of character lawyers.

This area of the law is not as straightforward as other areas and the suits can be very complex. A lawyer can realistically tell you what your odds are in winning and whether the case is worth pursuing.

sneakers41
Post 1

Suing for defamation of character is not easy. For example, if you are suing a company in a defamation of character lawsuit, you will have to prove that the company not only gave out false information about your job performance but you will also have to demonstrate that is was shared publically causing you difficulty in finding another job.

For example, if your supervisor spread rumors about you that were not true on a public forum like Facebook or Twitter then you might have a case if you can prove that the information not only did not allow you to find another job, but it also was false.

This is why employers are very careful about giving references and many only offer the dates of employment. This way the terminated employee cannot sue the company for defamation.

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