Are public officials given additional protection from defamation claims?
Yes, public officials in Oklahoma are given additional protection from defamation claims. This is because the United States Supreme Court has found it necessary to protect public officials from harm caused by false statements. As a result, public officials in Oklahoma must prove two elements to win a defamation claim: falsity and actual malice or reckless disregard of the truth. Falsity means that the statement needs to be false to be considered defamatory. Actual malice or reckless disregard of the truth means that the public official needs to prove that the person making the statement either intentionally or recklessly disregarded the truth. In addition, public officials in Oklahoma must also prove that the false statement injured their reputation. Without showing injury to their reputation, the public official will not be able to successfully pursue a claim for defamation. Furthermore, public officials are also required to prove that the defamatory statement was published and that the statement was seen by a third party before the public official can hold the speaker responsible for defamation. Lastly, public officials in Oklahoma may also claim libel or slander, depending on the context in which the statement is made. Libel is considered to be more serious than slander because it is a defamatory statement made in writing or through broadcast media. Slander is a defamatory statement made verbally. Both libel and slander are considered more serious if the statement is made publicly, as opposed to privately.
Related FAQs
Are statements of opinion considered defamatory?Is a person allowed to use the defense of privilege in a defamation claim?
Is a statement considered defamatory if it is made in a book, magazine, or newspaper?
Does a publisher or website have liability for third-party comments posted to its site?
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