Defamation, Libel, and Slander
If anyone has ever said or written anything bad about you, you may have wondered if you could sue that person for doing so. This article will help you understand the basics of defamation, libel, and slander.
- Key concepts
- Defenses
- Statute of limitations
- Criminal defamation
- Defamation by a newspaper, magazine, or other media
- Conclusion
Key concepts
Defamation is a false statement communicated to another person that damages your reputation. Libel and slander are the two kinds of defamation.
Libel is communicating a defamatory statement by writing or picture, while slander is defamation by oral or spoken communication.
Defenses
Even if someone makes defamatory statements about you, you may not have a legal case if any of these defenses apply:
- Truth. If defamatory words were written or spoken about you, you don't have a legal case if the words are true. Truth is a complete defense to defamation.
- Jokes. Another defense is "statements made in jest." These are communications that were not intended to be taken seriously.
- Opinions. If someone says something bad about you, you don't have a defamation case if the statement was an opinion and not a fact.
- Privilege. Some people are protected from being sued for defamation. These include public officials, such as city council members performing their official duties or people making statements in judicial or legislative proceedings.
Talk to a lawyer if you think someone defamed you and aren't sure one of these defenses applies. You can get help finding a lawyer using Oregon's Lawyer Referral Service.
Statute of limitations
A statute of limitations is how long you can wait to file a legal case after something bad happens to you.
If you believe you have a defamation case, you usually have one year from the date of the communication (whether written or oral) to file the lawsuit. If you don't file a lawsuit in this period, the statute of limitations will prevent you from beginning the case.
Criminal defamation
In some cases, a criminal charge for defamation can be brought. Criminal defamation requires a publication concerning a party. However, bringing charges is at the discretion of the prosecutor and is not brought in civil cases.
Defamation by a newspaper, magazine, or other media
If you have been defamed by a newspaper, magazine, motion picture, radio, or television broadcast, you must demand a retraction to collect all your damages. Damages are the monetary value of the harm caused by the defamatory statement.
The retraction must be requested within 20 days from the date you learn of the publication. If the newspaper, television, or radio station retracts the defamatory statement, you may still sue, but you may collect only actual damages. Actual damages refers to the money you can prove you lost.
Conclusion
A defamation case is a tough lawsuit to win. Courts and juries like to protect freedom of speech as much as possible. It is also hard for a jury to try to put a dollar value on the loss to your reputation.
If you think you have a defamation case, talk to a lawyer. You can get help finding a lawyer using Oregon's Lawyer Referral Service.
Author: Jonathan Johnson, Moore Law Group, PC | Last reviewed date: November 2024