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

In Virginia, “public harm” is an essential element in determining whether a claim of defamation can be made. Basically, public harm means that the allegedly defamatory statement caused harm or damage to the plaintiff, beyond just emotional distress. This can include any direct or indirect harm to their reputation, career, job, or financial status. Examples of public harm could be if someone made a statement about another person that was false and resulted in the loss of a job or a decrease in their salary, or if someone made a false statement about a business that caused their client base to decrease or their profits to be reduced. Another form of public harm is economic harm, which is when a person suffers some type of financial or economic loss due to another person’s false statement. This could include a person who is accused of engaging in a fraudulent activity or being involved in a scandal, resulting in a decline in their customer base or sales. It’s important to note that even if a plaintiff can prove that a false statement was made, they must also be able to show that the statement caused some type of damage or harm in order to have a valid claim of defamation. Simply being embarrassed or feeling hurt due to a false statement is not enough. The plaintiff must be able to demonstrate some type of public harm or economic harm resulting from the defamatory statement.

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