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

In Minnesota, a “public harm” that can give rise to a defamation claim is any communication that causes harm to a person’s reputation in the eyes of the public. It is important to note that the harm does not necessarily have to be intended for it to be actionable under the law. Examples of public harm include a false or misleading statement that injures a person’s reputation, the intentional or reckless disregard of a person’s rights, and the intentional infliction of mental or emotional distress. For example, if someone were to spread false information about another person that would cause harm to their reputation with the public, the person would have a viable defamation claim in Minnesota. Similarly, if someone were to make an excessively critical statement about another person that could be interpreted as implying wrongdoing of some kind, even if no such wrongdoing actually occurred, that could also give rise to a defamation claim. It is also important to note that in Minnesota, defamation claims do not only involve written statements. Oral statements can also give rise to a defamation claim, provided that they are circulated to a third party and the speaker is aware of the damages that could result. In other words, defamation can also take the form of slander, or spoken defamation, as opposed to libel, which constitutes written defamation.

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