What makes defamation illegal?

Defamation can be any false information that damages the reputation of another business, person, or organization. Defamation includes both libel and slander. Libel generally refers to defamatory statements which are published or broadcast contrastes with slander that usually refers to verbal defamatory statements which is more temporary.

What is an example of defamation?

Libel & Slander- Elements & Examples of Defamation Cases

A defamation example is if a customer that accused a restaurant owner of food poisoning even though it was not actually the restaurant's food that caused the injured person to be ill. If the customer shared the false information with other customers, the owner may have grounds for a defamation lawsuit.

A Maryland defamation lawyer can detect these issues.

What makes defamation illegal?

Defamation is any false information that damages the reputation of a business person entity.

Defamation includes both libel and slander. Libel usually refers to defamatory statements which are published or broadcast contrasted with while slander which refers to verbal defamatory statements which is more temporary.

What makes defamation illegal?

Defamation is any false information that harms the reputation of a business, person, or organization. Defamation includes both libel and slander. Libel generally refers to defamatory statements which are published or broadcast. Slander refers to verbal defamatory statements is more temporary.

What legally defines defamation?

Defamation is a statement that injures a third person's reputation. The tort of defamation includes both libel, usually written statements and slander verbal statements. Generally State common law and statutory law governs defamation actions, and each state has different standards for defamation and possible damages.

What are the Legal Requirements of a Defamation Case?

To obtain compensation for defamation, the person who was defamed must prove that the false statements meet certain legal criteria. Because defamation has a very specific legal meaning, a plaintiff who files a defamation lawsuit will need to prove, with the assistance of his or her defamation attorney each of the legal elements of defamation. Defamation requires specific elements.

Key Elements of a Defamation Claim: False Statement: The statement must be untrue. Truth is an absolute defense against defamation claims.

Publication: The false statement must be communicated to a third party someone other than the person being defamed. Fault: The person making the statement must be at fault. Public figures must prove actual malice, while private individuals usually need to prove negligence. Damages: The plaintiff must demonstrate that the defamatory statement caused harm to the reputation, emotional distress, or financial loss.

Elements a Defamation attorney Lawyer Can perfomre include evaluation of your case as an attorney can evaluate whether your situation meets the legal requirements for a defamation claim, An attorney can gather evidence, whihc includes collecting evidence of the false statement, who it is publishedand the casuatio of harm. An attorney can draft and file legal documents for court as the initial complaint to begin the a lawsuit adn frepresent our in court

If the case goes to trial, a lawyer will represent you and present your case to the judge and jury.

IN addition, an Attorney can Negotiate a settlement with the opposing party or their lawyers and avoid the harrazards of litigation, potentially avoiding the need for a trial.

The 4 elements of defamation are a false statement of purported fact; publication to a third party; fault amounting to at least negligence; and damages to the subject's reputation. The statement must be false and presented as a fact, and it must be communicated to someone other than the person it is about. The person who made the statement must have acted with at least negligence, and the statement must have caused some form of harm. False statement of purported fac The statement must be presented as a fact, not an opinion, and it must be false. If the statement is true, it is not actionable defamation. Publication to a third party - The statement must be communicated to someone other than the person being defamed. Only telling the person directly is not enough for a defamation claim.

Fault - The person who made the statement must have done so with at least negligence, meaning they did not exercise reasonable care in determining the truth or falsity of the statement. In some cases, a higher standard of "actual malice" knowledge of falsity or reckless disregard for the truth is required.

Damages - The false statement must have caused harm to the person's reputation, such as financial loss or emotional distress. In some situations, damages are presumed which is known as defamation per se, such as statements accusing someone of a serious crime.

The exact legal definition of defamation differs from country to country. It is not necessarily restricted to making, and can extend to concepts that are more abstract than reputation., or both. Defamation and related laws can encompass a variety of acts from general defamation and insult as applicable to every citizen – to specialized provisions covering specific entities and social structures Defamation against a acts against state institutions

A History of Libel and Slander.

Defamation law has a long history reaching back to classical antiquity. While defamation has been recognized as a tort in various legal, moral and religious philosophies, defamation law in contemporary legal systems can primarily be traced back to Roman and early English was aimed at giving sufficient scope for the discussion of a man's character, while it protected him from needless insult and pain.

The remedy for verbal defamation was long confined to a civil action for a financial penalty is estimated according to the importance of the case, and which, although punitive in its character, included practically the element of compensation. A. new remedy was introduced with the extension of the criminal law, under which many kinds of defamation were punished with great severity. In this case, the offence was constituted by the unnecessary act of shouting.

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Defamation, whether spoken slander or written libel is not just an issue of reputation. It can result in significant legal consequences, including economic loss, emotional distress, and long term professional damage. With lawsuits that may lead to substantial monetary damages and even affect a person's livelihood or a company’s business opportunities, defamation is treated as a serious legal matter.

Defamation into two categories which are Libel which is written or otherwise permanently published false statements. Examples are articles, emails, texts, emails, or online reviews. Because of the lasting and wide reaching impact, libel is often viewed by courts as more damaging than slander. An example can be a writer falsely accusing a restaurant of using expired ingredients, causing a drop in sales, could be liable for libel.

Slander is a spoken false statement. Since it is fleeting in nature, plaintiffs must typically prove actual harm, except in four specific categories where damages are presumed. These include false accusations of Professional incompetence Criminal conduct Having a contagious disease Immoral behavior particularly targeting women or Immoral behavior particularly targeting women.

Spreading false corruption rumors about business employee can constitute slander per se, meaning the harm is presumed without the need for further specific proof.

Defamation Per Se refers to statements that are clearly damaging on their face e.g., allegations of criminal acts or professional misconduct . Plaintiffs do not need to show actual damages.

Defamation Per Quod requires plaintiffs to prove the harm caused by the statement, such as lost income or job offers.

Many states impose a one year statute of limitations for filing a defamation claim. Under the Single Publication Rule, the clock starts ticking from the date the statement was first made public, even if it is reposted or reposted

Pursuant to Discovery Rules, this time limit may begin when the plaintiff first discovers, or reasonably should have discovered the defamatory statement. This applies to cases where the defamation is concealed, such as false records in a confidential personnel file.

Victims of defamation may seek up to three categories of damages that include, General Damages that include intangible losses such as harm to reputation, shame, and emotional distress. Special Damages for tangible, documentable economic losses such as lost contracts or salary from a rejected job offer. Plaintiffs must present evidence such as financial records or customer testimony. Punitive Damages are awarded when the defendant acted with actual malice or reckless disregard for the truth. For example if a content writer knowingly publishing false claims that a food product contains cancer causing substances may face punitive damages in addition to compensatory ones.

It is a good strategy to preserve evidence such as screenshots, voice recordings and file suit within the one year

Businesses should also adopt internal policies to prevent defamatory statements from employees that may trigger liability.

Defenses include demanding specifics of the alleged defamatory statements and asserting constitutional or privilege defenses such as fair comment or opinion.

Many insurance policies do not cover intentional defamation, but some Commercial General Liability policies may cover negligent statements made in the course of business.

Defamation law requires a careful balance between freedom of speech and protection of reputation. Whether you are protecting a name or defending your words, every case demands precision in evidence gathering, timing, and defense strategy.

Human rights

The right to a legal remedy, which states that No one shall be subjected to arbitrary or unlawful interference with his privacy, family, home or correspondence, nor to unlawful attacks on his honor and reputation. Everyone has the right to the protection of the law against interference or attacks. This implies the right to legal protection against defamation; However, this right co exists with the right to freedom of opinion and expression. of the expressly provides that the right to freedom of opinion and expression may be limited so far as it is necessary for respect of the rights or reputations of Consequently, international human rights law provides that while individuals should have the right to a legal remedy for defamation, this right must be balanced with the equally protected right to freedom of opinion & expression. Ensuring that domestic defamation law adequately balances individuals right to protect their reputation with freedom of expression and of entails:

Providing for truth as demonstrating that the content of the defamatory statement is true to be a valid defense

Recognizing reasonable publication on matters of public concern as a valid defense

Ensuring that defamation may only be addressed by the legal system as a tort.

Limitations of freedom of expression and other rights guaranteed by international human rights laws including the United Nations charter and by the constitutions of a variety of countries are subject to some variation of the three part test recognized by which requires that limitations be: provided by law that is clear and accessible to everyone , proven to be necessary and legitimate to protect the rights or reputations of others , applied domestically by the in assessing whether limitations on constitutional rights are demonstrably if able in a free and democratic A Contact

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What Is Defamation Per Se?

An integral component of any case is pleading and proving that the false and defamatory statement has caused harm. The plaintiff’s burden of establishing the existence of damage or harm depends upon the nature of the false statement and particularly, whether the statements will be considered defamation per se or defamation per quod.

Understanding Defamation Per Se

To establish a claim for defamation, a plaintiff must generally plead and prove the following elements A false statement of fact About the plaintiff Published – without privilege to a third party With fault or, in the case of a private plaintiff, with, at minimum, negligence The false statement has caused harm:

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The means by which a defamation plaintiff can prove harm is where the concepts of defamation per se & defamation per quod come into play. When a statement is considered defamatory per se there is a legal presumption that the false statement caused harm to the reputation of the plaintiff and, thus, the plaintiff will not need to prove actual damages to prevail. A plaintiff will be able to satisfy the fifth element of a defamation claim with no more than the statement itself.legal presumption of harm relieves a defamation plaintiff of a significant burden of proving that one or more persons who read or heard the false statement believed it to be true and that, as a result of the same, the plaintiff’s reputation was hurt.

To file a defamation lawsuit in Maryland, you must first consult with a defamation attorney to evaluate your case. The attorney will help you gather evidence of the false, damaging statement communicated to a third party, and then file a complaint with the appropriate court to officially notify the defendant. Ultimately the question of what makes a statement defamatory per se will depend upon how that term is defined by the specific jurisdiction in which the case is filed, there are several categories of statements that are recognized in many jurisdictions as inherently harmful and, thus, defamatory per se:

Statements that someone is guilty of a serious crime

Statements that someone was promiscuous or engaged in sexual misconduct

Statements that someone has contagious disease

Statements that someone engaged in behavior incompatible with the proper conduct of his business, trade, or profession

At law, defamation is the false statement of a fact that harms another person's reputation and is communicated to a 3rd party. It includes both libel which is defamation in a more permanent form such as writing or broadcast and slander which is defamation by words that are spoken. To be considered defamation, the statement must be false; it must injure the person's reputation; & be made to at least one other person besides the subject of the defamation.

These categories of statements are so commonly recognized as constitutional defamation per se as they are harmful to the subject’s reputation without the need for further explanation or additional facts. With this premise in mind, a number of jurisdictions, do not limit defamation per se to a specific list of categories, but, employ definitional concept. Thus, for example, in Maryland, any false statement will be considered defamatory per se if it naturally exposes the subject of the statement to hatred, ridicule, contempt or disgrace.

Conversely, some jurisdictions define defamation per se even more narrowly than the four categories set forth above. In Maryland, for example, the only two specifically recognized categories of statements that are defamatory per se are statements that impute a criminal offense or lack of chastity. This limited definition is particularly important for businesses pursuing a defamation claim in Maryland. While businesses, like an individual plaintiff, can generally avail themselves of the defamation per se doctrine, in Maryland – which does not recognize false statements concerning conduct incompatible with proper conduct of business, trade or profession as defamation per se – it will be nearly impossible for a business pursuing a defamation per se claim to take advantage of the benefits of the doctrine. A Maryland defamation lawyer can provide answers to you questions

In light of the foregoing, it is important that defamation plaintiffs pay attention to the specific law that will be applied to their case. This is particularly true where defamation occurs on the internet such as cases of internet defamation. Frequently, internet defamation cases will arise from false online statements made by one or more defendants in one or more different states against a plaintiff in an entirely different jurisdiction. Determining which state’s substantive law will apply to the case is necessary to determine whether the statements at issue are defamation per se and, thus, what must be pled and proved.

If the false statement at issue does not fall within the definition of defamation per se within the relevant jurisdiction, it can be considered defamation per quod. A statement is generally defamation per quod if it is harmful nature can only be understood by reference to, and consideration of, extrinsic facts to explain its defamatory meaning. Often, defamation per quod is referred to as defamation by

What facts needs to be proven in a defamation case?

The defamatory matter must be true. As a defamation case focuses on the meanings or as opposed to the strict written or spoken words, the defence may fail if certain imputations cannot be proven true.

What legally qualifies for defamation?

A false and defamatory statement of fact

About the plaintiff

Published to a third party and

Resulting in injury to the plaintiff.

The law does not guard against everything that may be defamatory, but only genuine, serious defamation. Our Maryland defamation of character attorneys will consider whether you are a private or a public figure whether there was negligence or actual malice regarding the truth of the statements, the manner of the publication, and any damages to determine whether the harmful statement meets the legal standard of defamation.

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Who Can Win Defamation Lawsuits?

Anyone who has been defamed, either a business or an individual, should be able to institute a successful claim for defamation. Defamation laws provide the strong protection for private individuals, so it is harder for public figures to make defamation claims. Public figures must prove actual malice, which is a more difficult standard, but it is a standard that our

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A defamation lawsuit is a type of civil lawsuit that allows a person to sue someone for knowingly making harmful and untrue statements about them. A defamation lawsuit is also called a defamation of character lawsuit.

If the lawsuit is successful, the person who has been defamed will receive compensation from the person who made the defamatory comments the defendant.

In a defamation lawsuit, most states require you to prove the following:

The defendant made a false statement about you that they claimed was true.

The defendant published or communicated that statement to a third person.

The defamation caused harm to your reputation or finances.

The defamatory statement is not privileged.

What Is Defamation?

Defamation is a false statement or false claim that causes financial and/or reputational harm to another person.

Although defamation is not considered a crime in most states, it is a tort a civil wrong.

There are 2 types of defamation:

Libel written statements

Slander oral statements

Each state varies in its definition of defamation and potential damages. Some states only award actual damages, like emotional distress, lost wages, or public humiliation and not punitive damages, which are meant to punish a defendant for their conduct. For Answers to your questions, you can text

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Recent Significant Defamation Court Lawsuits 2025-2026:

Diddy (Sean Combs) Lawsuit - Filed a $50 million defamation lawsuit against Courtney Burgess, attorney Ariel Mitchell, and News Nation for allegedly fabricating claims regarding -freak off- tapes.

Ray J vs. Kardashian-Jenner - Ray J countersued Kim Kardashian and Kris Jenner, alleging they defamed him regarding the 2003 sex tape leak, claiming it was planned.

Noel Clarke - Lost a libel case against The Guardian over sexual

termination and defamation, with the trial commencing in February 2026.

Alex Jones Appeals - Requested the Supreme Court to pause the $1 billion+ judgment from the Sandy Hook defamation cases.

against the California-based news outlet.

Mike Lindell - Lost a $2.3 million defamation case brought by a voting equipment employee.

Here are some defamation lawsuit examples-

Calling someone corrupt or a criminal for example, a thief, rapist, or murderer on social media

Posting a one sided story with vital facts left out on social media

Publishing false stories about someone that portray them in a negative way

Knowingly republishing defamatory content through a shared Facebook post or Twitter retweet

Sharing false statements including text messages with another person or a Facebook group, damaging a person’s reputation and leading to bullying or harassment.

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State defamation laws try to balance one person’s First Amendment free speech rights with another person’s right to protect their name and reputation. Actual Malice in Defamatory Statements

Many people may feel hurt or harmed by a written or spoken statement, yet may not be able to sue the person who made the statement unless they can prove actual malice.

To prove prima facie defamation the plaintiff must show four things- 1st A false statement purporting to be fact; 2nd The publication or communication of that statement to a third person; 3rd Fault amounting to at least negligence 4th Damages, or some harm caused to the reputation of the person or entity who is the subject.

Public officials and other public figures cannot win libel cases unless they can prove actual malice.

The term comes from the U.S. Supreme Court’s landmark ruling in the New York Times Co. v. Sullivan in 1964. The court’s ruling said a police chief must show that false statements about him were said with actual malice.

The Sullivan court defined actual malice as a defamatory statement said with knowledge that it was false or with reckless disregard of whether it was false or not.

Eligibility for Defamation Lawsuits

You may be able to file a character defamation lawsuit if you believe your reputation and/or finances have been damaged by an untrue statement.

In addition to recovering damages for the pain and suffering you’ve endured, a lawsuit could help you pursue justice by publicly restoring damage to your reputation and deterring the defendant from defaming someone else in the future.

What Evidence Do You Need for a Defamation Lawsuit?

ike other types of lawsuits, you will need sufficient and relevant evidence to prove your case.

You may need to collect direct evidence and circumstantial evidence for a defamation lawsuit.

Direct Evidence

Direct evidence identifies a fact regarding the case. An example of direct evidence is a witness testifying that they read the defamatory statement on Twitter.

You can obtain direct evidence from:

Demonstrative evidence: This includes photographs, videos, and charts used to support witness testimony. An example is a timeline showing when the defendant made the defamatory statements.

Documentary evidence: This includes any evidence that can be introduced in court as a document, like a newspaper, Twitter post, or receipt.

Physical evidence: This refers to any material item that has some connection to the defamation trial. Physical evidence is tangible, which means it can be touched, seen, or felt.

Testimonial evidence: This is provided by witnesses who can testify that they heard or read the defamatory statement.

T

Be sure you save all documentary evidence, especially if it can be deleted. It is possible that the person who posted the defamatory statement online will delete the content to avoid any repercussions.

Circumstantial Evidence

Circumstantial evidence is indirect evidence that a court can look at and draw conclusions from. It is the most common type of evidence.

If the defendant had a cat named Max, and the defamatory statement was published by a Twitter user called @ILoveMax, you may be able to use this circumstantial evidence in court to show that the defendant published the defamatory statement.

Did you know?

An apology or retraction from the defendant does not prevent you from suing for defamation. It may limit the damages you are awarded.

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If you are interested in filing a defamation lawsuit, these are the basic steps.

Consult a Defamation Lawyer

It is a good idea to speak with an experienced defamation lawyer or law firm to see if you have a valid case.

If you are eligible to file a defamation lawsuit, your legal team can collect evidence, interview witnesses, perform legal research, and find experts for your case.

File a Defamation Complaint Your lawyer can file a complaint in your state’s civil court system within the statute of limitations deadline for taking legal action .

The complaint is the legal document that starts the lawsuit. The defendant will have a short period to file an answer to your complaint. For Answers to your questions, you can contact

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Exchange Information

During a process called discovery, your legal team and the defendant’s legal team will exchange information about the case.

You may exchange information in the following forms:

Physical evidence, such as documents

Interrogatories, which are written questions answered under oath, which help both sides learn about potential witnesses and the facts of the caseNegotiate a Settlement

Once both sides have a better understanding of the case, they may decide to settle the defamation lawsuit.

Most defamation suits settle out of court to save money, avoid uncertainty, reduce stress and anxiety, and keep the case out of the public eye.

Try the Case

If you can’t reach a settlement with the defendant, your attorney can take your defamation lawsuit to trial. Your lawyer and the defendant’s lawyer will each present their side of the case, and a judge and/or jury will enter a verdict.

If you win your defamation lawsuit, you will most likely be awarded damages.

How a Defamation Lawyer Can Help

A skilled defamation lawyer can be an asset if you’re suing someone for defamation.

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Here are some ways a lawyer can help with a defamation lawsuit:

Collect evidence: Your lawyer can help gather physical evidence, including documents and digital evidence, to build a strong case.

Gather witness statements: Our attorneys can collect witness statements by interviewing witnesses, obtaining written statements, issuing subpoenas to legally require witnesses to testify, and conducting depositions sworn out of court testimonies .

Research defamation law: Comprehensive legal research can help you understand the specific standards, elements, and precedents that apply to your case. Your lawyer will review case law, statutes, legal opinions, and other resources to ensure they have a deep understanding of defamation law in your state.

Find experts for your case: Your lawyer can also seek expert analysis or opinions from professionals who can provide specialized insights or knowledge. Experts for a lawsuit for defamation of character include linguists and industry specialists who can offer opinions on the defamatory statements and their impact.

Prepare for the defendant’s arguments: A lawyer can gather evidence to rebut potential defenses to a defamation lawsuit.

An attorney can also defend against allegations of defamation.

3 commonly used defenses in a defamation lawsuit are:

The statement is true.

The statement is an opinion.

The defendant is protected by absolute privilege. Privilege applies to government officials while performing their jobs, judges, and attorneys during judicial proceedings, and others.

Defamation Lawsuit Settlements and Verdicts

Defamation lawsuit settlement and verdict amounts vary greatly.

Did you know?

A person may be able to prove defamation but not actual harm. In that case, they may receive nominal damages of $1.

The complaint is the legal document that starts the lawsuit. The defendant will have a short period to file an answer to your complaint. Contact

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In contrast, high profile defamation lawsuits that play out in court can end with a multimillion dollar verdict.

Here are some factors that can affect settlement and verdict amounts:

Economic losses, including lost business opportunities, damage to professional relationships, and lost clients and customers

Emotional distress, especially if the defamation led to bullying, harassment, or stalking

Extent of harm, which pertains to the nature of the defamatory statement and the degree of damage it caused to your reputation

Jurisdiction and location as defamation laws vary from state to state

Reputation of the parties involved with prominent public figures with a well established reputation having a stronger claim for damages

Strength of evidence, meaning that well documented cases with strong evidence are more likely to result in higher settlements and verdicts.

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Defamation Lawsuit Cost

The cost of getting a lawyer to assist you with a defamation lawsuit depends on several factors, like the complexity of your case and the number of defendants.

DEFAMATORY NATURE OF WORDS

Defamation has been defined as the false publication calculated to bring a person into disrepute, or an attack on the reputation of another, and includes the ideas of calumny and aspersion by lying, and the injury to another's reputation by such means. Probably the most popular definition, however, is an is an invasion of the interest in reputation and good name, by communication to others which tends to diminish the esteem in which the plaintiff is held, or to excite adverse feelings or opinions against him.

The law of defamation is divided into two distinct actions, libel and slander. Because of this division, or more accurately perhaps because there is no sound, logical reason for the division, there is a great deal of con fusion and disorder in the law of defamation. As a result, the general practitioner is severely handicapped in trying an action in libel or slander, mainly because of the anachronistic rules which apply to both substantive and procedural law in defamation.

Like most actions in tort, the law pertaining to defamation arose to meet a social need. Historically, a man satisfied a slur on his honor and name by violent means. Thus, a single incident could balloon into a bloody conflict between tribes, lasting generations. As humans developed, we emerged as social animals, however, we realized the necessity of resolving these disputes in a manner which allowed the injured party satisfaction for his injury, and, at the same time. extinguished possible continuing feuds.

Inducement, colloquium and innuendo are used when the words are not defamatory on their face. They are necessary aids to the plaintiff in drawing his complaint. Unfortunately, these aids are not always easy to work with, and are sometimes a source of confusion to those who are un familiar with them.

To implement thisneed, a money payment was allowed for words of dishonor

To call someone a wolf or hare meant a three shilling fine; a spurious accusation of a woman's unchastely cost forty five shillings; and if one falsely ac cused another of being a thief or murderer, the defendant not only had to pay damages, but also had to publicly confess himself a liar while holding his nose with his fingers.

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In all of these cases, the penalty exacted aimed at giving the party offended a feeling of satisfaction or requited vengeance for the injury done to him. The injury to the plaintiff was always to his honor or esteem, and the harm could only be measured in relation to his peers in the community.

Thus, in the 13th and 14th centuries, whenever an action in defamation was tried it would be conducted in front of those who were present when the at tack on the plaintiff's reputation was made. Whenever the injury to the person's reputation could conceivably be the result of some sin committed by the defendant, such as an attack on chastity, the plaintiff's business ethics, or the like, the ecclesiastical courts took jurisdiction. The usual punishment was an affirmation of the falsity of the insult in the presence of the clergy, and an apology to the person defamed.

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But this relatively mild penalty, coupled with a growing disenchantment with these courts because of rampant corruption, eventually led to the dissolution of this type of tribunal.

In 1275, the statute known as De Scandalis Magnatum was decreed, giving the King's courts jurisdiction over actions in defamation where the party defamed was the King or great men of this realm, the latter including the nobility, judges, and other great officers. This gave the crown absolute control over political heretics, and the law was administered by the notorious Star Chamber. By the time of Elizabeth I, at the end of the 16th century, the King's courts had assumed jurisdiction over all actions in defamation. It was during this period that most of the formalistic procedure we know today was formed.

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If more than one meaning could be construed from the language, then the courts would pre sume the words to be said in their less harmful sense. There is no clear reason for the existence of these purely arbitrary rules, but it has been suggested that they were adopted as an expedient, since it appears that there was a surfeit of defamation litigation brought to the courts during this time, and the use of these rules was an effective way of unclogging the courts.' With the advent of printing, the crown was quick to realize the in her ent dangers in an unbridled press, and so it is not surprising to find actions in defamation emanating from the printed word under the jurisdiction of the Star Chamber.

Previous to this change, several instances of defamation by writing had appeared, but no distinction had been made between oral and written defamation. To provide for this novel situation the Star Chamber extracted, with modification, the provisions of the Roman Law, on the head, with a cleaver, and cleaved his head, the one part lying on the one shoulder, and another part on the other. Applying the doctrine, the o if the writ was held not to charge an indictable crime of homicide , since there was no allegation that the cook died. This doctrine was the harbinger of the innocent construction where the document was less easily corrected, and thus caused more harm, than one which was occasioned in a private gathering. Under this doctrine, truth was not a defense, whereas it was in the lesser offense. The basic test, whether there was an insult to reputation, was still applied, but because of the greater potential for a breach of the peace, the scope of the action was decidedly enlarged.

in Cobbs v. Chicago, Defender’s defendant published an article stating that the plaintiff, a prominent South side minister, had been the subject of a rumor purportedly involving a large scandal. Any and all details of the scandal were omitted perhaps because the defendant feared a law suit . The court found that although the plaintiff was not defamed by any specific statement, since a minister's reputation was more likely to be tarnished than one of another occupation, such veiled statements as those published by the defendant were defamatory. seen fit to apply this rule to protect others from such irresponsibility by the press is a signal illustration of the court's confusion in the law of defa mation.

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Words are either defamatory on their face or defamatory in light of special circumstances. In the former situation, the statement is one of murder, is defamatory on its face, since the words themselves clearly indicate that the subject allegedly committed a homicide, and therefore no reference to any other circumstances is necessary. The words by themselves are calculated to hold the plaintiff up to scorn, ridicule or contempt. Where the language is not defamatory on its face, the plaintiff must resort to extrinsic aids to establish that he has been defamed, since the words themselves do not establish the defamatory language. A was at B's house between six and nine o'clock on is a harmless statement. But when the complaint also alleges that it was known by the hearer that B was murdered in his home between the hours of six and nine o'clock

The office of the colloquium is to connect the defamatory words, plus the inducement and innuendo, with the plaintiff. It is summarily treated in most complaints by the allegation that the words were of and concern ing the plaintiff.

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Inducement is used to state facts to explain the background in which the statement is made. A statement, taken by itself, can be immediately harmless. But the character of the statement can be drastically altered when it is shown that the hearer or reader is aware of facts not in the statement itself. It is as if the outside circumstances were read into the statement. Thus, a newspaper article stating that Mary Smith had twins yesterday would seem to be only the announcement of a joyous occasion. However, when it is pleaded by way of inducement that the readers knew Mary Smith to be single or married only a short time before, an entirely different mean ing is conveyed.

In the inducement it is necessary to plead all the facts, so as to justify the inferences made by the innuendo. In McLaughlin v. Fisher the plain tiff was the president of the Illinois Miners' Protective Association, a pre cursor of the United Mine Workers. During the turbulent days when unions were first being organized, the defendant, Fisher, stated to a gathering of coal miners that the plaintiff was on the payroll of a local coal company, and that he was being paid by the company to keep agitating the southern and central Illinois mine workers, so that labor trouble would give northern mines all the business.

The court on appeal sustained the granting of a demurrer to the slander action, stating that the complaint failed because the plaintiff's innuendoes were not warranted by way of matters pleaded by inducement. The plaintiff did not state in the inducement whether agitation was against the best interests of the miners; at the same time, there was no allegation in the inducement that the statement was prejudicial to the plaintiff or the association, or that the plaintiff's $100 a month salary from the association was gratuitous or actual compensation for the office. The inducement is also used to fit a defamatory meaning into one of the categories of slander per se. An oral statement that John Jones is a drunken sot, and that his nerves are all shot is defamatory on its face.

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unless it fits into one of the slander per se categories, it is not actionable without proof of special damages. But when it is pleaded by inducement that John Jones is a brain surgeon, sufficient facts are stated to show slander to a plaintiff's business, trade or occupation. Again, where sexual relations between two people are not criminal unless one or both were married to a third person, language imputing such conduct to the plaintiff would not be slander per se unless it was pleaded by inducement that the plaintiff or his partner was married.

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The plaintiff has alleged the outside circumstances which have caused him to be subjected to hatred, scorn, and ridicule, and the statement, coupled with the known outside circumstances, infers that A has murdered B. though it would be an almost insurmountable task to collect and categorize all the language held to be defamatory, inois, some attempt has been made. Examples of such defamatory language are: Communist ; They are simply getting their money under false pretenses idiotic skunk

The early English common law courts took no jurisdiction over cases involving defamatory utterances, because such cases were decided by the ecclesiastical courts. Since the ninth commandment of the Christian Decalogue prohibited bearing false witness against one's neighbor, the ecclesiast tical courts viewed slanderous statements on the basis of their sinful nature and imposed religious penance upon a sinner who defamed another. During For an excellent decision discarding the innocent construction rule in favor of one allowing wide discretion in the jury in determining whether the defamatory meaning.

INDUCEMENT, COLLOQUIUM AND INNUENDO

In most actions where the complaint is based upon a libelous article containing a reference to a nickname or alias, the colloquium is the Achilles' heel of the plaintiff's complaint. In Voris v. Street and Smith Publications, the defendant's magazine, Pic, published an article about big time gamblers across the nation and made reference to one called Snapper Charlie. It was alleged that the article was of and concerning the plaintiff, since he .apparently had the same nickname. The appellate court sustained the lower court's dismissal, stating: ...[A] complaint is insufficient which fails to show that the alleged libelous article was understood by its readers to refer to the plain tiff. There is no allegation that any person or persons who read the article knew that it referred to the plaintiff. It is not enough that to constitute libel that plaintiff knew that he was the subject of the article, or that defendant knew of whom they were writing. It should appear upon the face of the complaint that persons other than these must have reasonably understood that the article was written of and concerning the plaintiff and that the so called libel ous expression related to him.

In John v. Tribune Company,45 the defendant published an account of a vice raid conducted by the Chicago police. The address of the establish ment was given, and the madam's name, Dorothy Clark, as well as her age, 57, and a reference to her aliases, Dolores Reising, Eve Spiro, and Eve John. By the oddest of coincidences, the plaintiff lived in the same build ing. Her name was Eve John, nee Spiro, although the plaintiff was 27. In affirming the dismissal of the suit, the court said,

When aliases or assumed names appear in a publicat

ion, the first name given is clearly the subject target of the publication, and such fact is one of common knowledge. Any name or names re ported as the aliases, or also knowns, are the names that have een assumed by the subject identified by the name preceding the alias, and this fact, too, is one of common knowledge and under standing. The alias names do not change the subject of publication, here Dorothy Clark Dolores Reising but simply disclose the subject's false name or names. The alias names, therefore, necessarily cannot be read as identifying the of and concerning or target name of the publication.

This definition is sufficiently broad so as to include pity, sympathy, ostracism or disgrace. The injury to the plaintiff's reputation is not measured in terms of his wounded feelings, but rather the damage to his reputation' 5 as seen in the eyes of others. This serves to protect the defendant in most instances, for while the plaintiff is bound to be offended by any allegedly defamatory statement, with this safeguard, the defendant will not be liable for acts which the community itself does not regard as defamatory, such as political cartoons, abusive language in the heat of anger, and the like. The defamatory statement need not be direct in its accusation, how ever, and if an insinuation is reasonably clear, it may be found to be defamatory.

The innuendo is used to bring out the meaning of the defamatory statement, by interpreting the matter in the light of inducement and col loquium. The language must reasonably be subject to a defamatory inter pretation, and the innuendo cannot be used to enlarge or extend the con struction beyond its natural import. The office of the innuendo is to deduce inferences from premises already stated, not to state the premises themselves.

OIn Fulrath v. Wolfe, the defendant, secretary of Nash Motors, wrote a letter to plaintiff, a Nash dealer in Chicago, stating that because of the facts disclosed by our investigation into your methods of merchandising Nash cars, we must discontinue our business relationship withyou. The plaintiff contended that it was reasonable to include in this letter, by innuendo, a recent verbal conversation between plaintiff and defendant, wherein the latter allegedly said the plaintiff was a gypper. The court dismissed the contention, sustaining the demurrer, and stated: Such innuendoes are not available to impute a libel to the letter which in itself is otherwise innocent of any libelous meaning.

The innuendoes, in order to be available as a pleading in libel, must be of the very words and phrases used in the letter upon which the libel charge is grounded .... If the word gypper was anywhere found in the letter, these observations would have no application.

The innuendo likewise has a dual purpose while the main one is to convey the reasonable defamatory meaning, it is also used to fit the state ment into the categories of slander per se. In Dilling v. Illinois Publishing and Printing Co., the defendant published a story reporting the events which transpired at a California American Legion Convention. The head ings of the article read Name Subversive Leaders in U.S Mrs. Dilling. The body of the article recited how the American Legion had denounced certain groups and persons as fostering subversive activities, and that the Legion had adopted a resolution charging that the Commu nists and Fascists continue to threaten our cherished ideals of American ism. The court held that It is not reasonable for an ordinarily intelligent person to ascribe to the term Subversive standing alone the invidious meaning

The plaintiff has alleged the outside circumstances which have caused him to be subjected to hatred, scorn, and ridicule, and the statement, coupled with the known outside circumstances, infers that A has murdered B. though it would be an almost insurmountable task to collect and categorize all the language held to be defamatory, inois, some attempt has been made. Examples of such defamatory language are: Communist ; They are simply getting their money under false pretenses idiotic skunk

THE INNOCENT CONSTRUCTION RULE

Closely allied with the use of the innuendo is the innocent construction rule. The defamatory statement must be considered in its entirety, 56 and the words must be considered in their plain and obvious meaning. 57 Where the matter is ambiguous, and susceptible of several interpretations, the court must, as a matter of law, apply the innocent meaning.

But it must be pointed out that there appears to be substantial early case law to the effect at where there are two interpretations, one innocent and the other defamatory, the construction should be left to the jury. The Illinois Supreme Court however, recently defined the innocent construction rule in John v. Tribune Co.: That rule holds that the article is to be read as a whole and the words given their natural and obvious meaning, and requires that words allegedly libelous that are capable of being read innocently must be so read and declared non actionable as a matter of law.

In a more recent case, Lorillard v. Field Enterprises, the appellate court followed the John v. Tribune Co. mandate on the innocent construc tion rule. The defendant published an article written by a society colum nist, in which he stated that plaintiff had obtained a quickie divorce from his wife, only to have this set aside by the United States Supreme Court.

Plaintiff then obtained another quickie divorce in a different state and promptly remarried. The first Mrs. Lorillard instituted a second suit to set aside the divorce and also started a suit for bigamy. The columnist then related how he had visited the first Mrs. Lorillard in a cottage owned by the plaintiff and found the woman and her two teenage children living in a state of siege at her husband's orders, she has no phone, no electricity and virtually nothing else.

In reversing the lower court's decision to permit a motion to strike and Dismiss the complaint, the appellate court said that while quickie divorces are not libelous per se, since the term is common parlance in today's lan guage, the statement that Mrs. Lorillard had started a suit for bigamy was libelous per se, since it imputed a crime. The defendant attempted to invoke the innocent construction rule as to this language, but the court replied:

Defendant's argument that the innocent construction rule should be applied here to defeat plaintiff's claim that he has been charged with the crime of bigamy is totally without merit. That rule tells us that words must be given their natural and obvious meaning, and only if capable of an innocent construction must they be so read. Giving the words started a suit for bigamy their natural and obvious meaning, as the rule dictates, it is apparent that plain tiff has been charged with a crime. We do not see how an innocent construction can be given to these words.

However, the court found that the innocent construction rule did apply to the other charge created by the column, , child abandonment her and her two teenage children living in a state of siege . In Illinois, where the suit was brought makes it a crime to abandon a child under The court considered teen age to include children who are eighteen and nineteen years of age, and since the ages of Mrs. Lorillard's children were not mentioned, the court must, as a matter of law, interpret the construction innocently. Rhode Island, where the alleged abandonment occurred, had similar statutory pro Visions.

LIBEL AND SLANDER IN ILLINOIS

The innocent construction rule, an outgrowth of the mitior sensus rule, developed in the early days of defamation actions. While not as arbitrary in its application as mitior sensus, it still is a source of confusion, not only to the practitioner, but to the jurist as well. Its purpose is to prevent the plain tiff from taking advantage of equivocal circumstances, especially where it appears from the facts that there was no overt intent on the part of the de fendant to include the plaintiff in the defamatory statement. Although the rule has been much talked about, it has been little analyzed more out of ignorance than disinterest, it appears . A fair statement of the rule would seem to be that if the defamatory statement suggests two meanings, one de faming the plaintiff and one innocent of casting any aspersions on the plaintiff, then the court must choose the innocent construction, but only if such construction can be made by using the words in their natural and obvious meaning, and the construction is reasonable. While splitting a man's head with a meat cleaver without mentioning whether he died as a result leaves open the question of whether a homicide was committed, it is safe to say that the natural and obvious meaning of the words, coupled with reasonable construction, could only interpret them as having a defamatory meaning.

The rule is not without criticism, however, and it appears that Illinois is in the minority as to its retention as opposed to the rule allowing the jury to decide what meaning was intended. 64 On the one hand, the innocent construction rule provides the publisher with a relatively inexpensive means of dispensing with litigation as compared with the cost of trial, and also serves as an inherent inhibition to plaintiffs who seek to create nui sance, or legal blackmail suits. At the same time, though, the plaintiff who has actually suffered by such ambiguous statements is left with no efficient means of recourse. It is submitted that if such cases were allowed to go to a jury, the end result would be less litigation in ambiguous statement mat ters, since the publishers would take greater pains to be explicit as to whom and to what they were referring in their article

SLANDER AND SLANDER PER SE

It’s important when you work with any lawyer that you understand how much they charge for their services and how they collect fees.

Defamation attorneys can use one of these fee structures:

Contingency fee: Under this arrangement, the client does not pay any upfront fees. Instead, the lawyer gets paid by taking a percentage of the client’s settlement or recovery, if there is any.

Flat fee- Some lawyers charge a flat fee for specific legal services.

Hourly rate: Many lawyers charge an hourly rate for services. This rate can vary depending on the lawyer’s expertise, experience, and location.

Retainer fee: A retainer fee is an amount of money paid upfront to secure a lawyer’s time. The lawyer deducts fees from the retainer as they work through your case. You may have to pay another retainer once the initial retainer is depleted.

What Is a Defamation Lawsuit FAQs

How hard is it to win a defamation lawsuit?

It can be difficult to win a defamation case without a skilled attorney’s help.

As part of a defamation lawsuit, you must prove that the defamatory statement damaged your reputation or finances. You may need experts to testify about the harm that you’ve suffered.

However, working with an experienced defamation lawyer can potentially increase your odds of winning your case.

What are grounds for a defamation lawsuit?

When should you file a defamation lawsuit?

Do you need a lawyer to file a defamation lawsuit?

What proof do you need for a defamation lawsuit?

It is easier to win defamation cases based on intentionally false statements as opposed to merely negligent statements. Winning a defamation case on the basis of a negligent statement about a public figure is not generraly possible because actual malice is required. Private individuals could still successfully prevail in defamation lawsuits based on statements that were published or spoken by a speaker who was negligent in determining the truth of the statements.

Defamation Per Se

While plaintiffs in many defamation cases must prove they were damaged in order to prevail in their claims, this is not always true for every type of statements. Some statements are defamatory per se, and in defamation per se cases, Maryland law does not require plaintiff to prove damages, as the damages are assumed. Four categories are defamation per se including:

Stating false facts that tend to injure a plaintiff in his or her business trade or profession

Imputing that a plaintiff is unchaste

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Defamation per se is a catgory of statements considered so damaging that they are presumed to have damaged the victim's reputation, even without proof of actual financial loss. This does away the need for the plaintiff to prove special damages to recover compensation for elements like harm to reputation or emotional distress. Statements falling into this category include accusations of a serious crime, a contagious disease, or a lack of ability to perform for one's profession or trade.

What are the elements of defamation per se?

Presumption of harm - The statements are considered defamatory on its face, meaning their damaging effect is apparant without needing additional proof.

Damages- The plaintiff is not required to prove actual financial losses, emotional distress, or other specific harms to be awarded a compensation by a judge or jury.

Categories of Defemation per se include false statement must include accusations of a serious criminal offense, suggesting that the Plainfiff has a sexually transmitted or other loathsome or contagious disease or representations that the Plaintiff is not fit to conduct their business or trade, and includes lack of integrity in their professional

Charging a plaintiff with a serious crime

Charging that a plaintiff has a loathsome disease

If you can prove any of these things, you should be able to successfully win a defamation case with help from top Maryland defamation of character lawyers.

Internet Defamation

Because the Internet has become such a popular means of communication, a new category of defamation has emerged: Internet defamation. Internet defamation occurs when false and damaging statements are made using the web. Statements could be made on blogs, websites, social media posts, or any other online place.

The key to a successful Internet defamation claim will involve proving that defamation per se occurred or that actual damage occurred to the defamed victim’s reputation. Since there are numerous false statements on the Internet, this requirement can be a challenge. Our Maryland Internet defamation lawyers can help you gather evidence so you can make a strong case.

Workplace Defamation

Workplace defamation is another injury than may occur when your character is damaged by one of your business associates. Often, the speaker or writer is a disgruntled customer or a co-worker who may make untrue statements or spread gossip nts to promote his or her own career to the disadvantage of the person who is defamed.

Defamation is a false statement that harms the reputation of a Plaintiff, business, or organization. Defamation includes both libel & slander. Libel generally refers to defamatory statements that are written or broadcast more permanent while slander refers to or a defamatory statements more fleeting. While defamation allegations are a common legal problem for media organizations, journalists and documentary filmmakers can lesson the likelihood of a lawsuit by following ethical guidelines such as the PBS Editorial Standards, which stresses the importance of accuracy and fairness.

Workplace defamation often has direct financial consequences for the victim, and Maryland workplace defamation lawyers may help by taking appropriate action against the person who has spread false statements in the workplace.

If a Plaintiff sues me for defamation, what must they prove to win the case?

The laws of each state are different &define defamation in specific ways. In general, a plaintiff who files a lawsuit asserting that a statement you published is defamatory must show that you:

The element of being published the statement, meaning that it was read or viewed by at least one other person besides the plaintiff. Stories broadcast on television or published on the Internet would qualify.

Identification of the Plaintiff can occur by naming the plaintiff or showing the plaintiff’s image through a photo or drawing. Identification also can occur by describing the plaintiff through recognizable descriptive characteristics.

Harming the plaintiff’s reputation includes a statement can be per se defamatory, meaning that the words are defamatory on their face without any further information or context ,such as, assertions of criminal behavior, incompetence on the job, or sexual promiscuity. Sometimes, however, a statement that might appear innocent becomes defamatory when considered in greater context , such as asserting that Jim is dating Sue may be defamatory if Sue is married to someone else. Statements incapable of being proven true or false, known as pure opinion, are not defamatory, such as, Sue is a terrible boss. Rhetorical hyperbole, or statements that cannot reasonably be understood as stating an actual fact, also are not defamatory. Courts carefully evaluate the context of the statement to determine whether it can be proven true or false. Importantly, statements consisting of both personal opinions and verifiable facts can be defamatory ,such as, I think Sue is a terrible boss because she steals money from her employees.

Statements incapable of being proven true or false, known as pure opinion, are not defamatory ,such as, Sue is a terrible boss. Rhetorical hyperbole, or statements that cannot reasonably be understood as stating an actual fact, also are not defamatory. Courts carefully evaluate the context of the statement to determine whether it can be proven true or false. Importantly, statements consisting of both personal opinions and verifiable facts can be defamatory ,such as, I think Sue is a terrible boss because she steals money from her employees.

had at least some level of fault. A plaintiff who is a public official or public figure must prove that you published the statement with actual malice, a higher level of fault, while a plaintiff who is a private individual generally must prove that you acted negligently, a lower level of fault. See below for more information about the fault requirement.

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What is a false statement of fact?

Opinions, even if they show negatively on a person are protected by the 1st Amendment and are not defamatory.

Calling a false statement of fact an opinion is not sufficient to gain First Amendment protection.

The basics of defamation law are the same for online defamation as they are for normal written or spoken defamation.

There are also technical and legal issues specific to online defamation. It is helpful to have an lawyer who understands the technical issues surrounding the use of defamation on the internet, such as internet address retrieval, the Communications Decency Act, provider responsibilities.

History of Defamation Law

Defamation refers to a false statement about a person to a third party or parties by an individual or corporation that that injures the reputation of that person. Defamatory statements can be oral or written. Written defamatory statements are referred to as libel. Oral defamatory statements are known as slander. The advent of the internet has created a new type of defamation as cyber defamation. In the past, there was a difference between libel and slander, Maryland and man other states no longer distinguish between the two and refer to both simply as defamation. Defamation is a tort that provides for civil damages, although some states do have criminal defamation statutes.

In the past, history, federal and state governments often used defamation laws to repress critical speech. Congress passed the Sedition Act of 1798, which criminalized any speech deemed false, scandalous, or malicious regarding the president, Congress, or the federal government. The Sedition Act was used to convict and imprison many Americans including a Congressman who was convicted and imprisoned for referring to President John Adamsas a man with a continual grasp for power. Less than twenty years later, Congress passed additional laws to control speech and silence critic, including the Espionage Act of 1917 and a later amendment, the Sedition Act of 1918. Many states followed the federal government’s example and passed their own versions of the Espionage and Sedition Acts to criminalize speech at the state level.

The Supreme Court did little to stop these attempts to suppress criticism at the federal or state level, often ignoring or barely taking even mentioning the First Amendment in libel or slander cases. Until the latter half of the twentieth century, plaintiffs in defamation cases held a definitive advantage. Many states presumed the falsity of a defendant’s statement, placing the burden of proof entirely on the defendant to prove the truth of the allegedly libelous statement. Contact a

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Defamation law changed with the Supreme Court’s 1964 decision in New York Times Co. v. Sullivan, which arose in during the e civil rights movement. In 1960, the New York Times published an editorial advertisement charging the Montgomery, Alabama police department with several atrocities against African Americans. The city commissioner, L.B. Sullivan, filed a libel suit against the New York Times alleging several factual inaccuracies in the advertisement. A jury awarded Sullivan $500,000. The New York Times appealed the verdict all the way to the Supreme Court.

In its opinion, the Supreme Court reversed the jury verdict finding that the law applied by the Alabama courts is constitutionally deficient for failure to provide safeguards for freedom of speech and of the press required by the First and Fourteenth Amendments. The court acknowledged factual inaccuracies in the advertisement, but it reasoned that erroneous statement is inevitable in free debate and that punishing factual errors permitted critics of public officials to be held liable for any and all factual errors could silence speech on matters of public interest. To combat this possibility, the court established the actual malice requirement, a requirement that informs slander law to this day. This rule was expanded A few years later, the Supreme Court expanded this rule in the case of Curtis Publishing Co. v. Butts, in the landmark cases clarifying that the First Amendment is squarely implicated in cases involving accusations of libel, slander and defamation. Additionally, these cases led to the development of many of the slander defenses that protect defamation defendants to this day. Chief among these defenses is that of non actionable opinion, which holds that the First Amendment protects statements of pure opinion from liability. Another defense is the substantial truth defense, which provides that a statement is not considered defamatory if the central charge of the statement is true even if it contains minor factual inaccuracies. Another defense is the defense of innocent construction, a defense applicable only in libel per se cases and which provides that a statement that is capable of a reasonable non defamatory construction will not be considered defamatory. Click here to read about our successful defense of a client based on the innocent construction defense.

First Amendment jurisprudence has evolved a great deal since Sullivan and continues to do so to this day. Accordingly, it always advisable to seek the services of an experienced defamation, libel and cyber defamation attorney with an in depth knowledge of First Amendment law and recent advancements in the law.

Our firm, Maryland Defamation Lawyers, has over fifty years of experience defending and prosecuting defamation, slander, libel and cyber smear lawsuits. We are knowledgeable regarding the changes and complexities of this evolving area of the law. We are committed to fighting for our clients’ rights in the courtroom and at the negotiating Contact a

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Conflicting the courts between the rights of individuals, on the one hand, and the right to freedom of expression, on the other, continues; indeed, it was it was heightened with the enactment of the Human Rights Act 1998,incorporating formal rights to freedom of expression under Article 10 of the European Convention on Human Rights. The decision of the House of Lords in Derbyshire County Council vs Times Newspapers, in 1993 in which Lord Keith said It was of the highest public importance that a democratically elected governmental body, or indeed any governmental body, should be open to uninhibited public criticism. The threat of a civil action for defamation would inevitably have an inhibiting effect on freedom of speech. Thus the need to protect someone’s reputation has been given great importance under the English legal system. The law of defamation is in place to protect our reputations from being lowered in the eyes of the right thinking members of society. What needs to be taken into consideration is whether this law is in compliance with Article 10 of the ECHR and if it so; then to what extent?

In its primitive stages the English law failed adequately to recognize the Convention, but with the passage of time and with the advent of the Human Rights Act 1998 , the law began to move in the right direction. This step of integration of the Human Rights Act can be seen as a welcome development towards the eventual cohabitation of the two. We understand that the English law is trying to protect the repute ich if lowered in the eyes of right thinking members of society, will give rise to a claim in the tort of defamation. However it is also imperative to comprehend that there are two forms of defamation. It can be a libel, meaning that the statement was in a permanent form; such as a waxwork. It should be noted that libel is actionable per se and is a crime as well as a tort, and in the case of Jameel Yusuf vs Dow Jones, it was held that the presumption of damage in a libel claim is not an infringement of Article 10 of the European Convention of Human Rights.

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In the case of Safeway Stores plc -vs- Tate, that court held that it should be easier for a claimant to succeed in a defamation action, the more likely it is that significant inroads will be made into the protection of freedom of expression Call a

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The second form of defamation is a slander, which means that the statement was in an oral or temporary form, and here the claimant has to show special damage unless his claim falls under one of three exceptions that are not significant for the purposes of this discussion. Contact a

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So ultimately a claim for defamation must prove that the statement was defamatory to an extent that it lowered the claimant in the eyes of rightful thinking members of society Sim vs Stretch, and exposed the claimant to contempt or ridicule or caused the claimant to be shunned or avoided Berkoff vs Burchill.

The next step is to gauge whether the statement refers to the claimant. For this, the claimants name does not have to be specifically mentioned; even a reference can be made through a fictional character

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. The next requirement is whether the statement was published or not and mind you by publish we mean communication being made to any person except the claimant. The rationale embodied in this rule is simple, the defendant shall publish the defamatory statement about the claimant because it is the claimant’s reputation in the eyes of others which the law aims to protect and not his or her pride Theaker vs Richardson. How do I know if my subject is a public official?

Although there is no bright, line rule for who qualifies, a public official includes someone who has a position of authority in the government or, someone who holds elective office such as the president, a member of Congress, or a state governor, as well as someone who does not hold elected office but has, or appears to have, substantial responsibility for or control over the conduct of governmental affairs. The UNITED STATES Supreme Court has recognized that plaintiffs classified as public officials must show that the defendant acted with actual malice the highest level of fault in publishing the defamatory statement. See New York Times v. Sullivan, 376 UNITED STATES 254 1964.

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A public figure is someone who, although not a government official, still has power and influence over society. There are 2 types of public figures: all, purpose public figures and limited, purpose public figures.

All, purpose public figures occupy positions of such pervasive power and influence that they are deemed public figures for all purposes. Gertz v. Welch, 418 UNITED STATES 323 1974. Typically, these are individuals with widespread fame, such as celebrities and professional athletes. Like public officials, plaintiffs classified as all, purpose public figures must prove that the defendant acted with actual malice in publishing the defamatory statement.

Limited, purpose public figures have thrust themselves to the forefront of particular public controversies in order to influence the resolution of the issues involved. Gertz vs. Welch. These are individuals who have gained prominence in a special field or in connection with a spcial controversy. Plaintiffs classified as limited, purpose public figures must prove actual malice only for defamatory statements that relate to matters in which they are considered public figures.

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Businesses also can be classified as public figures. Courts evaluate factors such as whether the business is well, known by the average person in the area where the defamatory statement was circulated; whether the business is regulated by the government; and whether the business has been intensely scrutinized by the media. Who is considered a private person?

Private persons consist of any individuals who do not qualify as public officials or public figures, as detailed above. The Supreme Court has determined that plaintiffs who are private figures must at least show the defendant acted negligently, a lower standard of fault than actual malice—in publishing the defamatory statement. Gertz v. Welch, 418 UNITED STATES 323 1974. Some

states require private figures to prove more than negligence in cases that involve matters of public interest. Stations are advised to consult with their local counsel about applicable local defamation laws.

How does a public official or public figure prove that I acted with actual malice?

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In evaluating whether someone acted with reckless disregard for the truth, courts look to the person’s state of mind at the time that the statement was published, considering factors such as whether the person had time to investigate the story or needed to publish it quickly and whether the source of the information appeared to be reliable & trustworthy.

How does a private person prove that I acted with negligence?

The negligence standard means that the plaintiff must prove that you failed to exercise reasonable care. An important factor for many courts is whether a reasonable person in a similar situation would have acted in the same way. Following good journalistic practices in researching, writing, filming, and fact, checking a story can greatly reduce the risk of being found negligent.

If I describe a group of people rather than a particular person, can someone still successfully sue for defamation?

Possibility. In some cases, a group may be small enough for individual members to prove that they were identified, but courts have not expressly stated a specific number that qualifies as sufficiently small.

A large group of bankers could not successfully sue for defamation based on the statement that all bankers are thieves. You should be mindful about such statements, however, particularly if there are only a few bankers in the community that is the focus of your story. A sympathetic jury could find that such a statement identifies specific members of that group.

If I publish/broadcast a retraction, will the defamation claim go away?

If your station receives a retraction request for a statement you published or broadcast, this could signal a pending lawsuit, and you should consult with local counsel before admitting liability. If, after review, you determine that you have made a factual error and the statement should be retracted, this could limit but not eliminate the station’s liability for defamation. It’s also possible that the retraction will satisfy the person who was threatening to file a lawsuit.

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What if I report on someone else's potentially defamatory statement? Am I still at risk?

Generally, you are responsible for everything you publish, even when the information comes from a third party. Therefore, you can be found liable for repeating a defamatory statement from a source; even attributing that source will not shield you from a lawsuit.

Courts have held, however, that media organizations are not liable for comments posted by third, party users on their websites, provided that the organizations did not encourage the defamatory comments or materially participate in the creation of the defamatory comments. Screening and lightly editing comments to remove offensive language does not eliminate this immunity. Courts have based these decisions on Section 230 of the Communications Decency Act, which provides: No provider or user of an interactive computer service shall be treated as the publisher or speaker of any information provided by another information content provider.

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What if I report on a potentially defamatory statement made in court or in an official government proceeding?

In many states, fairly and accurately reporting on defamatory statements made during an official government proceeding, or in an official government document, will qualify as privileged and protect you from liability. This privilege is frequently known as the fair report privilege also applies to fairly and correctly reporting on statements made during legal proceedings, such as witness testimony at trial and statements made in court by courts & lawyers. The purpose of this privilege is to encourage coverage of matters of public concern without the fear of liability. Because the extent of this privilege changes by state, stations should consult with local lawyers with questions about whether the privilege applies to specific facts.

Some state laws require a plaintiff to give the media organization an chance to retract the allegedly defamatory statement before filing a lawsuit. The retraction generally must be as conspicuous as the original statement. While these laws do not eliminate the plaintiff’s ability to file a lawsuit, they do reduce the amount of damages that the plaintiff can be recovered. In some states, a plaintiff can recover only special damages, such as, those damages related to specific monetary harm such as lost wages caused by the defamatory statement, as contrasted to punitive damages or general damages for injuries that are difficult to estimate, like pain & suffering.

In many states, fairly and accurately reporting on defamatory statements made during an official government proceeding, or in an official government document, will qualify as privileged and protect you from liability. This privilege is frequently known as the fair report privilege also applies to fairly and accurately reporting on statements made during legal proceedings, such as witness testimony at trial and statements made in court by courts & lawyers. The purpose of this privilege is to encourage coverage of matters of concern without the fear of any liability. Because the extent of this privilege changes by state, stations should consult with local lawyers with questions about whether the privilege applies to specific facts.

Legal Remedies for Defamation

Once our lawyers firm have proven established that defamation has taken place, there are two avenues of relief for a victim.

If the defamation has occurred in the past, you may be entitled to compensatory relief in the form of a financial award. If the defamation is currently happening, we can seek an injunction to compel an end to the injurious statements. An injunction is a court order requiring that the defamtion cease speaking

A false assertion of fact about a business will only be considered to be defamatory if the statement is about efficiency, business credit, financial soundness, reputation, property, or ethics. If this is the case, the statement may prejudice the business in its affairs by deterring third persons from dealing or working with the business.

If the statement is a false assertion of fact concerning a product, the proper cause of action is not for defamation but rather for injurious falsehood. In addition, words written or spoken about a particular employee, owner, or officer, of a business are not defamatory against the business itself unless the statement directly relates to the business affairs or trade. If the statement relates only to the individual’s person, only that particular individual has standing to allege defamation.

Maryland Defamation Lawyer

We are not only very aggressive at seeking justice for our clients who are defamed, we also vigorously defend those who have been wrongfully falsely accused of defamation.

WHAT IS DEFAMATION?

Everyone has a right for their reputation to be free from damage by false statements that were made. Defamation is a publication not protected by any privilege of a false statement of fact that injures another person’s reputation. The law balances interests between protecting an individual’s freedom of speech on the one hand and protecting the personal reputation of another person on the other.

A Maryland defamation lawyer can help..

LIBEL AND SLANDER

There is no sharp definition as to what words are defamatory. Some statements may be injurious to some people’s reputations, whereas the same statement may not be injurious to others. Whether a statement qualifies as defamation is determined on a case-by-case basis, and must be evaluated according to what the general public or an average reasonable person would understand the statement to mean.

ELEMENTS OF DEFAMATION

The elements for an action of defamation include: a false statement about the plaintiff; publication of the statement to a third party who understands the meaning of the statement; some fault on the part of the defendant such negligence or recklessness as to falsity; and presumed or actual damages suffered by the plaintiff.

. THE PUBLICATION MUST BE READ AS A WHOLE

In determining whether the specific statement is defamatory, the words must not be read out of context; instead, the publication must be read in its entirety. The entire statement, article, statement, piece of literature, or broadcast, must be read. Any alleged defamatory interpretation of a particular statement can be automatically negated by statements immediately preceding or following the statement in question. This caveat includes any explanation that the statement is merely an opinion, not an assertion of fact. Simply, a particular composition must be read in its entirety and not be divided into separate units. This requirement is also applied to chapter titles, headlines, illustrations, and captions.

THE PARTY MUST BE IDENTIFIABLE

Often, words are used broadly to describe a class or group. The statement is defamatory only if the statement can be reasonably understood to be about every member of the specific group a particular member of the group. The larger the class or group, the more difficult it is to prove the likelihood of the statement being about a single member or every member of the particular group.

It is essential that for the plaintiff to prove that he or she is the person to whom the statement was made. It is not necessary to prove that every individual person who receives the material perceives the statement to be made about the plaintiff, but some of the listeners or readers must understand the statement to be about the plaintiff.

The statement does not need to identify the plaintiff by name. The intention of the author and the recognition of the plaintiff that the statement is about the plaintiff is not required. The legal test is whether a third person recipient would reasonably understand that the statement was written or uttered in reference to the plaintiff. This question of fact must be decided by the jury.

FICTIONAL CHARACTERS

An author may use fictional characters which may be widely published. The author is under no duty to prevent the possibility that someone may identify with the fictional characters. However, a disclaimer in a fictional work may be a relevant factor in determining the defamatory nature of the work. The disclaimer is not a determining factor, and the work may still be considered defamatory if other factors are present. Nonetheless, an example of a disclaimer should state that any resemblance of a fictional character to an actual persons is purely coincidental

When a person attempts to show resemblances or similarities of the supposedly fictional character, the test is whether a third party recipient could reasonably believe that the character is a portrayal of the plaintiff. The jury must make a comparison between the plaintiff’s characteristics and that of the fictionalized character.

STATEMENT OF FACT

In order for a statement to be defamatory, it must be a false statement of fact about the plaintiff. Statements of opinion must be distinguished. Statements that do not consist of facts, but rather are merely the views of the defendant, do not qualify as defamation. Defamation can only consist of a false assertion of fact. The First Amendment to the United States Constitution protects freedom of expression. Under the Constitution, Statements of opinion are privileged speech and are not actionable as defamation.

FACT VS. OPINION

Whether or not an alleged defamatory statement is an assertion of fact or an opinion is a question of law to be decided by the Court. If the statement has any tendency to be interpreted as an opinion, the jury must decide whether that meaning was actually attributed to it by the recipient so that the statement was in fact considered to be an opinion.

To determine whether a statement is one of fact or opinion, the Courts have devised various tests.

The Contextual Test, also referred to as Totality of the Circumstances Test considers the following factors in determining whether an alleged statement is constitutionally privileged.

While the First Amendment provides broad protection for speech of all types, the protection is not unlimited.

Some words do more than hurt feelings or cause offense, but may cause actual damage. Damage can happen when messages are communicated with the intent of costing individuals or companies business, money, and their reputations.

When this type of message is communicated, it is considered defamation. Defamation is not protected by the First Amendment, and those who are defamed can file a civil lawsuit to recover compensation for the damage caused by the harmful words or to stop the harmful words from continuing to be spoken. Our

Maryland Defamation Lawyers

Maryland defamation lawyers have a long track record of defamation lawsuits and can provide representation to any person or business who was harmed by defamatory statements. Our legal team can help you to fight for compensation for any damage to your reputation.

HARM TO BUSINESS

A false assertion of fact about a business will only be considered to be defamatory if the statement is about efficiency, business credit, financial soundness, reputation, property, or ethics. If this is the case, the statement may prejudice the business in its affairs by deterring third persons from dealing or working with the business.

If the statement is a false assertion of fact concerning a product, the proper cause of action is not for defamation but rather for injurious falsehood. In addition, words written or spoken about a particular employee, owner, or officer, of a business are not defamatory against the business itself unless the statement directly relates to the business affairs or trade. If the statement relates only to the individual’s person, only that particular individual has standing to allege defamation. Our

Maryland Defamation Lawyers

HARM TO BUSINESS

A false assertion of fact about a business will only be considered to be defamatory if the statement is about efficiency, business credit, financial soundness, reputation, property, or ethics. If this is the case, the statement may prejudice the business in its affairs by deterring third persons from dealing or working with the business having an ecnomic impact.

If the statement is a false assertion of fact concerning a product, the proper cause of action is not for defamation but rather for injurious falsehood. In addition, words written or spoken about a particular employee, owner, or officer, of a business are not defamatory against the business itself unless the statement directly relates to the business affairs or trade. If the statement relates only to the individual’s person, only that particular individual has standing to allege defamation.

What is Defamation?

To win a defamation claim, the plaintiff must show a false statement, that was published, that caused harm, and depending on the particular case fault or malice.

The plaintiff is required to prove that the defamatory statement was false.

The truth is an absolute defense in defamation claims. This is a significant element to take into consideration when considering whether to bring a defamation law suit. If the statement is harmful but true, you will most likely lose.

Opinions typically do not qualify as defamation because they are not false. For exemple, I don’t like s particular person may be a mean statement, but it is presumably a true statement of the speaker’s opinion. This is not defamatory.

The concept of publication means that the disparaging statement was shared. In the mployment context, publication may be internal, or within the company. The speaker does not have to share the defamatory statement with those outside the company.

Harm can be monetary or emotional. It is important that plaintiffs in defamation cases keep thorough documentation of the harm they suffer. For instance, employees sometimes suffer stress-related symptoms like panic attacks or depression after learning of a defamatory statement by their employer. It is the plaintiff’s obligation to justify the damages, which is much easier to do with thorough documentation.

Defamation, libel, and slander are all legal claims that require the same showing. Libel refers to written defamatory statements, while slander refers to spoken defamatory statements. Depending on the jurisdiction, libel and slander may have different statutes of limitations.

What is defamation per se?

Defamation per se is a statement that is so obviously harmful that the plaintiff does not need to prove actual damage. These statements are presumed to be harmful. Defamation per se often arises in the employment context because statements about people’s character for truthfulness, for example, that someone is a liar and statements about people’s ability to carry out their trade or profession i.e., that someone is incompetent qualify.

What are some examples of workplace defamation?

Defamation in the employment area frequently often surrounds a termination. For example, an employer may defame an employee when attempting to justify an illegal termination. An employer can also disparage an employee when contacted by a future employer for a reference check.

The following are some examples that courts have found to be defamatory:

That a City Manager was incompetent

That an engineer was not a competent engineer and was a traitor to the company

That an attorney was a crook, thief, and running a scam

That a loan officer was fired because he lacked regard for customer’s

privacy and bank received a number of customer complaints about him

That a business person had questionable ethics

That a corporate officer was a parasite in the organization

who did nothing, that he was proud, snobbish, and vain, that he was insane in command and unable to assume responsibility and direction of groups

That a school superintendent received kickbacks and engaged in shady dealings

That a former employee misused company funds and falsified invoices

Libel compared to Slander and compared to vs. Defamation.

– What are the Distinctions?

The terms libel, slander, and defamation are frequently confused with each other. They are all similar as Libel & Slander all fall into the same catagory of law that concerns false statements which harm a person’s reputation. This general area of law is called defamation law. Libel & slander are types of defamatory statements. Libel is a defamatory statement that is in written form. Slander is a defamatory statement that is oral.

The tort, or civil wrong, of defamation sometimes referred to as defamation of character can be divided into claims involving two different types of statements.

The difference between libel & slander was significant and had real world implications regarding how a case was litigated including the elements that had to be proven and who had the burden of proof.

At early law, libel & slander were analyzed under different sets of standards, with libel recognized as the more serious wrong. The law changed, however, and rejected this split approach in favor of a single set of rules for slander and libel. Libel & slander are now treated alike and the same rules apply to a defamatory statement regardless of whether the statement is written or is oral.

Defamatory per se statements and defamatory per quod statements. Statements that are defamatory per se sometimes referred to generically by courts as libel per se are so obviously and naturally harmful to one’s reputation on their face that proof of injury is not required. Illinois law recognizes five types of statements that are considered defamatory per se as Imputing which a person committed a crime, imputing that a person is infected with a loathsome communicable disease, imputing that a person is unable or lacks the integrity to perform one’s employment duties; Imputing that a person lack ability or otherwise prejudices one in one’s profession, or Imputing that a person has engaged in adultery or sexual acts. ace of the statement itself. If other facts or additional information about the person being defamed is required to understand the harmful effect of the statement, then it cannot be defamatory per se. That is not to say the statement is not defamatory if extrinsic facts are required; it just cannot be defamatory per se.

A statement can only be considered defamatory per se if the harmful effect is apparent on the f

Defamation law continues to change and evolve. Defamation attorneys must have extensive knowledge of First Amendment and other aspects of defamation law to effectively prosecute claims for businesses, professionals and individuals who have been defamed. The attorneys at Maryland Defamation Lawyer are able to help you in every way. We are knowledgeable regarding the changes and complexities of this changing area of the law. We are committed to fighting for our clients’ rights in the courtroom and at the negotiating table.

If a defamatory statement does not fall into one of the defamatory per se categories or requires extrinsic facts, then it is considered defamatory per quod. Unlike in cases involving defamation per se, defamation per quod claims require the plaintiff to allege and prove special damages also called “special harm” by some courts. The term special damages or special harm is a legal term of art in defamation law that means the loss of something with actual economic or pecuniary value. In other words, a plaintiff alleging defamation per quod must be able to show specifically how the defamation caused a specific, quantifiable loss of money such as the commission from a lost sale or the salary from a lost job.

Recent Defamation Court Decisions Includes:

Alex Jones: Continues to appeal the multi-billion dollar Sandy Hook defamation judgments, seeking Supreme Court intervention and help.

Mike Lindell, the my pillow guy, Lost defamation cases related to election fraud claims, including a $2.3 million judgment

Dominion Voting Systems: Settled a major defamation case with Newsmax for $43 Million after Fox settled for $787.5M, continuing efforts to hold others accountable for election misinformation.

Noel Clarke vs. The Guardian: The actor lost his libel case against the newspaper over sexual misconduct allegations in August 2025, as reported by BBC.

Key Themes & Developments

Misinformation & Politics: Many cases stem from false claims about the 2020 election, showing courts addressing political speech and media responsibility.

Public Figures: Proving defamation for public figures remains challenging but results in large payouts when standards, like actual malice, are met as seen in the Trump-Carroll case.

Media Accountability: Cases like Dominion vs. Fox News and Clarke -vs- The Guardian highlight media's role and consequences for publishing false information.

Recent major United States defamation cases involve high profile figures like Donald Trump settled with Jean Carroll, sued by others, Rudy Giuliani ordered to pay several election workers , Fox News settled with Dominion and Hunter Biden suing Patrick Byrne, with ongoing suits focusing on election claims, media accountability, and celebrity disputes, highlighting the evolving landscape of online and traditional media defamation.

Other Significant Cases include+

Jean Carroll * An appeals court upheld a $5 million verdict against Donald Trump for sexual abuse and defamation, following an earlier $15 million settlement ABC News made over Stephanopoulos's related comments.

Dominion Voting Systems & Smartmatic * Settled defamation lawsuits against Fox News for over $787 million and against Newsmax for $67 million for broadcasting 2020 election lies.

U.S. Navy Veteran vs. CNN * A Navy veteran won $5 million from CNN in a case where a jury found the network defamed him after the 2021 Taliban takeover in Afghanistan.

George Stephanopoulos * ABC News paid $15 million to settle claims related to Stephanopoulos's false on air assertion about Trump and E. Jean Carroll.

Hunter Biden * Suing Patrick Byrne for defamation due to false bribe allegations, with Byrne facing potential $5 million in punitive damages for failing to defend himself.

Rudy Giuliani * Ordered to pay $148 million to Georgia election workers for spreading false election fraud claims; he has also settled with some creditors.

Donald Trump * Facing multiple lawsuits, including one from the BBC for a $10 billion suit after they edited his Jan 6 speech and a defamation claim by former Apprentice contestant Summer Zervos.

Subjects for other Defamation cases include

High Profile Figures * Cases involving Trump, Giuliani, and celebrities continue to dominate headlines, influencing media responsibility and public discourse.

Election Integrity * Numerous cases stem from false claims about the 2020 election, targeting media outlets and individuals spreading misinformation.

Social Media & Online Speech * Defamation cases increasingly involve online platforms and how false statements spread rapidly.