Defamation

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Defamation

Defamation (/dɛfəˈmeɪʃən/), also known as calumny, vilification, or traducement, is the act of making false statements about a person which could harm their reputation. It is a legal term for harming someone's character, fame, or reputation by making false and malicious statements. The term comes from the Latin word defamatio, meaning 'a speaking ill, slander'.

Defamation is often divided into two types: Slander and Libel. Slander refers to a malicious, false, and defamatory spoken statement or report, while libel refers to any other form of communication such as written words or images.

The related laws vary by jurisdiction, but in general, to prove defamation, a plaintiff must show four things: 1) a false statement purporting to be fact; 2) publication or communication of that statement to a third person; 3) fault; and 4) damages, or some harm caused to the person or entity who is the subject of the statement.

Defamation laws may come into tension with freedom of speech, leading to censorship or chilling effects where publishers fear lawsuits. Defamation laws in many jurisdictions have been updated to account for issues relating to the internet and digital publishing.

The person making the defamatory statement can defend their actions by proving that the statement was true, in which case it is an absolute defense to a defamation claim. Other defenses include privilege, fair comment, and innocent dissemination.

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