What kinds of statements constitute defamation?

In West Virginia, defamation law states that a statement constitutes defamation when it intentionally harms a person’s reputation or exposes the person to public hatred, ridicule, or contempt. The statement must be false and must be made to a third party. Some examples of statements that are considered defamation are: 1. Falsely accusing someone of criminal activity. 2. Claiming that someone was involved in a scandalous event or situation. 3. Making false statements about someone’s job performance or ability to do their job. 4. Making false statements about someone’s physical or mental health. 5. Implying that someone has a serious disease or condition. 6. Making false statements about someone’s sexual activity or orientation. 7. Publishing unflattering private facts about someone. 8. Publishing false statements about someone that are intended to cause emotional distress. In West Virginia, defamation may be either libel (written or printed) or slander (spoken). The person who has been defamed may file a lawsuit against the person who made the statement, seeking compensatory and punitive damages and sometimes an injunction to prevent further publication of the statement.

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