What is considered a “public harm” that can give rise to a defamation claim?
In Arkansas, a “public harm” that can give rise to a defamation claim is a statement or communication that has caused a real injury to the reputation of an individual or a group of people. For example, if one person made a false statement about another person that caused hurt or harm to their reputation, this could be considered a public harm. Any kind of communication which is false and damaging to someone’s reputation can be a public harm. This could include written, spoken, or electronic words, symbols, or images. If the statement is false and harms a person’s reputation, they may have a claim for defamation against the person or entity that made the statement. The injury caused by a public harm must have actually happened in order for a defamation claim to be successful. This means that if a person is merely insulted or embarrassed, they may not necessarily have a viable claim for defamation. Further, in order for a statement to be considered a public harm, it must be communicated to a third party. If the statement is not communicated to anyone else, then it is not considered “public”. Finally, it is important to remember that statements which are true cannot be considered a public harm. Only false statements which actually cause injury to someone’s reputation can give rise to a valid defamation claim.
Related FAQs
Can a person be sued for defamation if the statement was made in a private conversation?Is an apology considered a defense to a defamation claim?
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Can an individual be liable for defamation if the statement was made on a website or blog?
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