What is considered a “public harm” that can give rise to a defamation claim?
In Pennsylvania, a “public harm” is an injury to the reputation or character of an individual or business that is or could be viewed by a large number of people. It can take many forms, such as a false statement of fact that damages the reputation of an individual or business. For an individual to succeed in a defamation claim in Pennsylvania, the individual must prove that they have suffered a public harm. This means showing that the false statement caused an injury to the individual or business’s reputation that will be seen or heard by a large number of people. The false statement must also be communicated to a third party in order for it to be considered public. Additionally, the statement must be false and not just an opinion or a true statement. Generally, a plaintiff must also prove that the defendant was at fault in making the statement. Public harm can also refer to injured economic interests, such as a business losing customers or profits as a result of a false statement. In this case, the plaintiff must prove that the false statement caused the economic harm, and that the amount of damage was measurable. Finally, public harm can refer to the dissemination of information protected by privacy laws. In this case, the individual or business must prove that the defendant disclosed private information that was damaging to the individual or business’s reputation and was viewed by a large number of people. If the statement only affects a few people, it may not be deemed a public harm.
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