Is a statement considered defamatory if it is made to a third party?
Yes, a statement can be considered defamatory even if it is made to a third party. In Idaho, a person can make a claim of defamation if they can show that a false statement was made about them to another person and caused them damages. This is called slander, which is the oral form of defamation, whereas defamation through writing is called libel. In order to prove defamation, the plaintiff (the person bringing the lawsuit) must show that the statement was false, that it was heard or viewed by someone other than themselves, and that it caused them harm. For example, if someone made false claims about another person to a coworker, and the coworker’s opinion of the plaintiff changed as a result, the plaintiff might be able to prove that they were defamed and held legally responsible. The statement must be verifiably false and capable of being proven false in order to constitute defamation. Furthermore, statements of opinion are generally not considered defamatory since opinions are subjective and cannot be proven false, whereas statements of fact must be verifiably true or false. In Idaho, a plaintiff must prove all three elements of defamation in order to be successful in a lawsuit. In short, a statement can be considered defamatory if it is made to a third party if it is false, capable of being proven false, and causes the plaintiff harm.
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