What kinds of statements constitute defamation?
Defamation law in North Carolina defines defamation as an untrue communication that has the potential to harm a person’s reputation or livelihood. It involves both spoken words (called slander) and written words (called libel). In North Carolina, the three kinds of statements that can be considered defamatory are: false statements of fact, opinions that lack a basis in fact, and statements that suggest a false conclusion. False statements of fact are statements made about an individual that can be proven to be false. If believed, they can damage a person’s reputation. The law does not protect false statements of fact that are being communicated, even if the speaker or writer believes the statement is true. Opinions that lack a basis in fact are statements of opinion that the speaker or writer can’t prove to be true. They are still considered to be a form of defamation because they can be seen as an attack on a person’s reputation. Finally, statements that suggest a false conclusion are statements that imply a certain falsehood without explicitly stating it. Even though there may be an element of truth in the statement, the overall implication is false and malicious. When these three criteria are met, a statement can be deemed as defamation in North Carolina and the person making the statement has to be held responsible for the damage done.
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