What is defamation?

Defamation is a term used to describe false statements that are presented as fact. In California, defamation is grounds for civil action and can be either libel (written) or slander (spoken). To prove libel or slander, it must be proven that the person who made the false statement had knowledge that it was false, presented it as fact, and that it caused harm to the person who was defamed. Defamation can lead to a variety of damages, such as monetary compensation or a court order preventing the person who made the defamatory statement from repeating it. In California, a court can also require the person who defamed another to publicly apologize or retract their statement. In order to be considered defamation, the false statement must be both untrue and expose the person to public scorn or ridicule, as well as result in direct or indirect harm to the reputation of the person who was defamed. In addition, the defamatory statement must have been made to someone other than the person who was the subject of the statement, as defamation cannot occur if it’s only heard by the person it is about. Ultimately, defamation is considered a form of personal injury because in addition to financial losses, it can also cause emotional pain and suffering. Therefore, it is important to be aware of your rights if you feel that you have been the victim of defamation.

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