What is considered a “public harm” that can give rise to a defamation claim?

In California, a “public harm” is any communication or statement made to a group of people that causes direct or indirect damage to a person’s reputation. Public harm is the legal term used to describe the damages that could result from defamatory speech. In other words, public harm is the harm done by a false statement of fact that harms the reputation of an individual, business, or other entity. Under California’s defamation laws, public harm can give rise to a claim if the statement causes economic or financial harm, hurts one’s professional reputation, or tarnishes one’s standing in the community. Generally, the statement must be false and must be published in order for public harm to be considered. In addition, the statement must be defamatory in nature, meaning it must be derogatory and intended to hurt the other party’s reputation. Additionally, public harm can arise if the statement created an atmosphere of hostility or ill will amongst a large group of people. For example, if a person is accused of a crime and the accusation turns out to be false, then the person could have a valid claim for public harm if the accusation caused a group of people to look upon the person with hostility. Finally, public harm may be established if the statement results in the other party being shunned or ostracized in their community. For example, if a person makes a false statement about a religious group, then members of that group (and others who believe in the group’s values) may choose to no longer associate with the accused person, resulting in public harm.

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What is considered a “public harm” that can give rise to a defamation claim?

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