What is defamation law?

What is defamation law?

 

Defamation law is the area of ​​law that concerns communications about another person’s reputation. Defamatory speech is communication that could damage someone else's reputation. The purpose of the Public Defamation Act of July 29, 1881 is to protect people against loss or damage to their lives and livelihoods due to false claims against them.

 

What is defamation?

 

Defamation falls under the category of a criminal offense. This offense is punishable by heavy fines especially if the defamatory remarks are sent in a public manner. The law of July 29, 1881 clearly defines defamation: "when any allegation or imputation of a defamatory statement and of a fact attacks the honor of a person, it is indeed a question of defamation". However, the law still protects the right of a First Amendment person to speak freely without being held responsible for saying something insulting, making a mistake, or disagreeing with someone else. Defamation law is the area of ​​law that aims to protect a person's reputation by preventing unfair speech that could damage their reputation.

 

Defamation law is mainly state law

 

Defamation laws exist under common law and they also exist by statute. Most states have defamation laws. These laws are codified in state law. With its own legislative policy, each state writes its own libel laws. Yet some aspects of defamation law are almost common to all countries. There are two types of defamation: actual defamation and slander.

 

Defamation is defamation that is written down. Slander is the libel that is spoken. Generally, the law considers libel to be worse than slander.

Because it is written, defamation can be re-read and retransmitted while slander may not have the lasting or wavering effects that can arise with defamation.

What elements constitute defamation?

 

While defamation laws vary by state, typical elements of a defamation case are: Someone makes a statement. They release the statement to a third party and their statement causes injury. This is not a real statement and there is no privilege to protect the statement. According to the law, the perpetrator of a defamation can face a fine of 12,000 euros. In the event of an aggravating circumstance, the fine can be up to 45,000 euros.